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Fernando Estabas Mahawan Alias Pado Vs. People of the Philippines

FERNANDO ESTABAS MAHAWAN alias PADO, Petitioner, versus PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 176609 | 2008-12-18

D E C I S I O N


CHICO-NAZARIO, J.:

In this Petition for Review on Certiorari under Rule 45 of the Rules of Court,[1] petitioner Fernando Estabas Mahawan alias Pado, seeks the reversal of the Decision[2] of the Court of Appeals in CA-G.R. CR No. 00071, dated 25 May 2006, which affirmed in toto the Decision[3] of the Cebu City Regional Trial Court (RTC), Branch 10, in Criminal Case No. CBU-42385, dated 10 August 2004, finding him guilty of frustrated homicide.

The records of the case bear the following facts:

On 18 October 1996, an Information[4] was filed before the RTC charging petitioner with frustrated homicide. The accusatory...