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Edgar Gerasta Y Lapus Vs. People of the Philippines

EDGAR GERASTA Y LAPUS, PETITIONER, VERSUS PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 176981 | 2008-12-24

D E C I S I O N


CHICO-NAZARIO, J.:

This petition for review on certiorari under Rule 45 of the Rules of Court assails the Decision[1] dated 9 November 2005 of the Court of Appeals in CA-G.R. CR No. 21549 which affirmed in toto the Decision[2] of the Regional Trial Court (RTC) of Cebu, Branch 11, finding petitioner Edgar L. Gerasta (Edgar) guilty of the crime of homicide.

On 31 March 1981, Edgar was charged before the RTC with the crime of Homicide under Article 249 of the Revised Penal Code, as amended. The accusatory portion of the Information reads:

That on the 9th day of March 1980 at 6:30 o'clock in the evening, more or less, in...