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PEOPLE vs. Pelagio Condemena, Et Al.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PELAGIO CONDEMENA, CASAMERO PETI?O, SIMPLICIO ANIEL, RICARIDO CAUSING @ GARIDO, defendants, SIMPLICIO ANIEL, defendant-appellant.

G.R. No. L-22426 | 1968-05-29

D E C I S I O N 


ANGELES, J.: 

Pelagio Condemena, Casamero Patiño, Ricarido Causing and Simplicio Aniel were charged with the crime of robbery in band with homicide in the Court of First Instance of Leyte, with the qualifying circumstance of treachery, and aggravating circumstances of nocturnity, abuse of superior strength and dwelling. 

After trial, the court found all the accused guilty beyond reasonable doubt of the crime of robbery in band with homicide without, however, making a finding on any of the aggravating circumstances alleged in the information, instead it took into consideration the lack of instruction and...