Back

PEOPLE Vs. Gamaliel T. Payawal

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GAMALIEL PAYAWAL y DE LA TORRE, accused-appellant.

G.R. No. 113995 | 1995-08-16

D E C I S I O N


VITUG, J.:

This case is illustrative of the long settled rule that the prosecution must stand on the strength of its own evidence and not merely rely on the weakness of the defense.

Accused-appellant stood trial and was convicted by the court a quo for the crime of murder, in an information, dated 13 April 1992, which read:

"That sometime during the period comprised between April 2, 1992 to April 8, 1992, both dates inclusive, in the City of Manila, Philippines, the said accused, did then and there wilfully, unlawfully and feloniously, with intent to kill, and with evident premeditation and treachery, attack, assault...