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People vs. Aleta,et al.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLOS ALETA and BENJAMIN ENCARNACION, defendants-appellants.

G.R. No. L-40694 | 1976-08-31

D E C I S I O N

AQUINO, J:

Carlos Aleta and Benjamin Encarnacion appealed from the decision of the Court of First Instance of Quirino, convicting them of murder, sentencing each of them to reclusion perpetua, and ordering them to indemnify solidarily the heirs of Zacarias N. Tottoc in the sum of P55,000 as compensatory, moral and exemplary damages (Criminal Case No. 678-50).

In handwritten letters dated April 25 and July 27, 1976 Encarnacion (Prisoner No. 11275-D) manifested that he was withdrawing his appeal despite the insistence of his counsel that his appeal should be submitted for resolution. His counsel explained in a...