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PEOPLE vs PO3 Ferdinand Fallorina

PEOPLE OF THE PHILIPPINES, appellee, vs. PO3 FERDINAND FALLORINA Y FERNANDO, appellant.

G.R. No. 137347 | 2004-03-04

D E C I S I O N

CALLEJO, SR., J.:

For automatic review is the Decision[1] of the Regional Trial Court of Quezon City, Branch 95, convicting appellant PO3 Ferdinand Fallorina y Fernando of murder for the killing of eleven-year-old Vincent Jorojoro, Jr. while the latter was flying his kite on top of a roof. The court a quo sentenced the appellant to suffer the death penalty.

The accusatory portion of the Information charging the appellant with murder reads:

That on or about the 26th day of September 1998, in Quezon City, Philippines, the said accused, with intent to kill, by means of treachery and taking advantage of superior strength,...