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PEOPLE vs. TOBECHUKWU NICHOLAS

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TOBECHUKWU NICHOLAS y MABENA, accused-appellant.

G.R. No. 142044 | 2001-11-23

D E C I S I O N

YNARES-SANTIAGO, J.:

Serekwane Sethubelo alias "Atin", a Nigerian national, was fatally stabbed in the abdomen with a kitchen knife while he lay in a drunken stupor inside a rented room in Malate, Manila. His friend, Tobechukwu Nicholas y Mabena a.k.a. "Andy Mabena", also a Nigerian national, was indicted for Murder in an Information which alleged:

That on or about February 20, 1999, in the City of Manila, Philippines, the said accused did and there willfully, unlawfully and feloniously with intent to kill, with treachery, evident premeditation and abuse of superior strength, attack, assault and use personal violence...