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PEOPLE vs. Sergio Dagatan 106 Phil 88

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SERGIO DAGATAN, ET AL., accused-appellants.

G.R. No. L-10851 | 1959-08-28

D E C I S I O N


ENDENCIA, J.:

This case was certified to us by the Court of Appeals upon the finding set in its Resolution of April 16, 1956, reciting the background of the case as follows:

"Julio Dagatan, Sergio Dagatan and Saturnino Dagatan were charged for murder before the Court of First Instance of Cebu in an information filed on October 6, 1937. That case after hearing was submitted for decision, but the trial judge failed to dispose of the same, and when the last war broke out, all the records thereof, except the docket entry, were destroyed.

"On February 22, 1949, the Provincial Fiscal filed a motion before the Court of First...