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PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO TABONES @ "YAPE," MARIO CAILLO and SAMUEL SERONA, accused. / EDUARDO TABONES @ "YAPE," appellant.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO TABONES @ "YAPE," MARIO CAILLO and SAMUEL SERONA, accused. / EDUARDO TABONES @ "YAPE," appellant.

G.R. No. 129695 | 1999-03-17

D E C I S I O N

PANGANIBAN, J.:

Evident premeditation and treachery must be established as conclusively as the killing itself. In the absence of clear and convincing evidence, they cannot be used to qualify a killing to murder.

The Case

Eduardo Tabones appeals the August 26, 1996 Decision[1] of the Regional Trial Court of Tacloban City, Branch 9, in Criminal Case No. 94-05-286, finding him guilty of murder beyond reasonable doubt.

Prosecutor II Roland N. Homers filed on April 12, 1995, an Amended Information charging with murder Appellant Eduardo Tabones alias "Yape," together with two other accused, Samuel Serona and Mario Caillo,...