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Rene Botana vs CA & PEOPLE

RENE BOTONA, petitioner vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 120650 | 2003-02-21

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

Before us is a petition for certiorari, prohibition and injunction assailing the Decision of the Court of Appeals in CA-G.R. No. 14416[1] promulgated on November 9, 1994 and the Resolution dated May 24, 1995 denying petitioner's Motion for Reconsideration.

The facts of the case as found by the lower court are as follows:

On February 20, 1991 at about 9:00 in the evening, Rito Bautista was at the waiting shed near the public market at Poblacion Barobo, Surigao del Sur talking with his friends, Mayolito Cuizon and Bonifacio Fructuso. Suddenly, Rene Botona came and pointed a .38 cal. paltik revolver...