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PEOPLE vs. Benjamin M. de la Cuz, et al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENJAMIN M. DE LA CRUZ (P) and FERNANDO M. DE LA CRUZ (at large), accused, BENJAMIN M. DE LA CRUZ, accused-appellant.

G.R. No.123397 | 1998-10-13

D E C I S I O N


BELLOSILLO, J.:

BENJAMIN M. DE LA CRUZ was convicted of murder by the RTC-Br. 129, Kalookan City, for the death of Rolando Millan and meted out an indeterminate prison term of fourteen (14) years of reclusion temporal as minimum to reclusion perpetua as maximum.1 [Decision penned by Judge Bayani S. Rivera, RTC-Br. 129, Kalookan City, dated 21 September 1993, Crim. Case No. C-39573, CA Rollo, pp. 13-17.] The Court of Appeals affirmed his conviction but modified the penalty to reclusion perpetua. It was found that only treachery as a qualifying circumstance attended the perpetration of the crime.2 [Decision penned by...