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PEOPLE Vs. Mario C. Barte

PEOPLE OF THE PHILIPPINE, plaintiff-appellee, vs. MARIO BARTE Y CABUSAS, accused-appellant.

G.R. No. 103211 | 1994-02-28

D E C I S I O N


BELLOSILLO, J.:

SONNY CAPUA was shot dead with a super. 38 caliber revolver which hit him at the back of this head, the lone bullet entering behind his right ear and exiting below his left near the neck. 1

For the death of Sonny, MARIO BARTE was charged with Murder but convicted by the trial court of Murder With Use of Unlicensed Firearm, pursuant to P.D. 1866, as amended. 2 But to this day Mario Barte denies the charge.

The prosecution largely rests its theory on the testimony of Jovita Capua, widow of the victim, who recounted that on 18 September 1989, at about six o'clock in the evening, she and her husband were at...