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Gil Macalino Jr vs PEOPLE and CA

GIL MACALINO, JR., petitioner, vs. PEOPLE OF THE PHILIPPINES and COURT OF APPEALS, respondents.

G.R. No. 121802 | 2000-09-07

D E C I S I O N


DE LEON, JR., J.:

Before us is a petition for review on certiorari seeking reversal of the Decision[1] of the Court of Appeals[2] dated August 31, 1995, in CA-G.R. CR No. 14513, convicting petitioner Gil Macalino, Jr. of the crime of Frustrated Homicide.

The record shows that on January 5, 1987, Provincial Fiscal Victoriano L. Tizon filed with the Regional Trial Court of Siquijor an Information charging Gil Macalino, Jr. with frustrated homicide, defined and penalized under Article 249 in relation to Article 250 of the Revised Penal Code, which was allegedly committed as follows:

That at about 8:00 o'clock in the...