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PEOPLE vs. Nelson Agunias, et al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee vs. NELSON AGUNIAS alias "BROD NEIL" and MANUEL ARANETA alias "WINGWING," accused, NELSON AGUNIAS alias "BROD NEIL," accused-appellant.

G.R. No. 121993 | 1997-09-12

D E C I S I O N


PANGANIBAN, J.:

An accused may be convicted only of the crime charged in the information, or of that necessarily included therein. Where treachery or any other qualifying circumstance is not alleged in the information, the appellant cannot be found guilty of murder but only of homicide, even if the prosecution proves that the felon employed means, methods or forms which tend directly and specially to insure the commission of the crime without risk to himself arising from the defense that the victim might make. Such duly proven treachery can be appreciated only as a generic aggravating circumstance. The Court thus takes...