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PEOPLE Vs. Bonifacio Balansi

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO BALANSI alias "BAN-OS", defendant-appellant.

G.R. No. 77284 | 1990-07-19

D E C I S I O N


SARMIENTO, J.:

The accused-appellant stands charged with the murder of Elpidio Dalsen on January 30, 1982 at Balinciagao, Pasil, Kalinga-Apayao. The Information alleged that he, armed with a Garand rifle, went inside the house of the victim, then allegedly fast asleep, where he shot him twice and killed him. Treachery was held to be present, and so were evident premeditation and employment of means to weaken the defense of the victim. 1

The accused-appellant was then the Barangay Captain of Balinciagao Norte, Pasil, Kalinga-Apayao, and a member of the Civilian Home Defense Force (CHDF), while the victim was the...