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PEOPLE vs Oscar Mansueto

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. OSCAR MANSUETO, accused-appellant.

G.R. No. 135196 | 2000-07-31

D E C I S I O N

DAVIDE, JR., C.J.:

Jacinto Pepito (hereafter JACINTO) lived at his mother's house in Liloan, Cebu with his son Jeovani and 17-year-old daughter Cleofe (hereafter CLEOFE). At around 8:25 p.m. on 26 October 1991, CLEOFE roused JACINTO from his sleep and informed him that a man outside the house was calling for him. JACINTO got up and went down the house. Downstairs, JACINTO saw the man who was standing outside the gate of the house. "Are you Jacinto?" the man asked. "Yes, I am Jacinto," JACINTO replied. Without warning, the man drew a gun and fired one shot at JACINTO.[1]

The man tried to shoot JACINTO a second time but...