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Eladio Tangan vs CA and PEOPLE

ELADIO C. TANGAN, petitioner, vs. THE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 105830 | 2002-01-15

Exception to the rule that factual findings of the trail court is binding of the Supreme Court

Case Background:

- The trial court convicted the accused of homicide two (2) years and four (4) months of prision correctional as maximum. The accused never raised self-defense during the trial, but the trial court and the Court of Appeals considered the attendance of the mitigating circumstances of incomplete self-defense, sufficient provocation and passion and obfuscation.

- As explained in the assailed decision of the Supreme Court (SC)

- Physical evidence show that the distance between the muzzle of the gun and the target was about 2...