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PEOPLE Vs. Alex Abitona

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEX ABITONA, defendant-appellant.

G.R. Nos. 96943-45 | 1995-01-20

D E C I S I O N


ROMERO, J.:

At around 7:00 o'clock in the evening of September 27, 1984, as Arsenito Dagacay and his family were having supper at their house in Linangcayan, Naawan, Misamis Oriental, they heard agitated sounds of the pigs outside. One of the five children, nine-year old Arcie, noticed the nozzle of a gun resting on the rail of the wall pointed at his father. Before he could react, a burst of gunfire suddenly exploded and the whole family crouched on the floor. Arcie and his sister Gina were wounded, but Arsenito was slain.

Although hit in the head, Arcie managed to rise to seek help from his grandfather, Felix Dagacay,...