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Reynaldo Abaya vs. PEOPLE

REYNALDO ABAYA, petitioner, vs. PEOPLE OF THE PHILIPPINES and the COURT OF APPEALS, respondents.

G.R. No. 96389 | 1992-12-11

D E C I S I O N

GUTIERREZ, JR., J:

Petitioner Reynaldo Abaya, together with Rolando Acedo and Francisco de la Cruz, was originally charged with the crime of robbery with homicide and physical injuries 1 before the trial court of Malolos, Bulacan, Branch 10.

Rolando Acedo remained at large while Francisco dela Cruz died during trial, hence trial proceeded only against the petitioner.

The prosecution's evidence is narrated by the trial court in its decision:

"The evidence for the prosecution is anchored principally on the testimony of a lone eyewitness, Alexis Bensorto y Coloyan, which is summarized as follows:

"Before 10:00 in the...