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PEOPLE vs David Andales

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DAVID ANDALES y MALOBAGO alias "Abie," accused-appellant.

G.R. No. 130637 | 1999-08-19

D E C I S I O N


BELLOSILLO, J.:

This is a review of the decision of the Court of Appeals in CA-G.R. No. 16408 declaring David Andales y Malobago and Jellie Andales y Malobago guilty of murder qualified by treachery.1 [Decision penned by Justice Oswaldo D. Agcaoili, Eight Division, Court of Appeals, prom. 30 July 1997.] The appellate court applied Art. 248 of the Revised Penal Code, prior to its amendment by RA 7659 which took effect 31 December 1993, and there being neither aggravating nor mitigating circumstance, imposed upon David Andales the penalty of reclusion perpetua, but meted a lower penalty on Jellie Andales on account of his...