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PEOPLE Vs. Joseph Fagyan

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSEPH FAGYAN alias KISEP, defendant-appellant.

G.R. No. 90197 | 1992-05-22

D E C I S I O N


CRUZ, J.:

The nearly deserted street was already dark at around seven o'clock in the evening of January 12, 1982. Elsie de Castro had just fetched her husband Rogelio from a drinking spree with his friends. Sabas Camil, one of his group, ran after him and handed him a bottle of beer they had just bought. Rogelio told him to hold it but he gave it instead to Elsie and returned to the store. The spouses waited for him to come back as they did not know what to do with the beer. Then it happened.

In the shadows, a man approached Rogelio from behind and put his left arm on the latter's shoulder. Then he started to shove...