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People of the Philippines Vs. Ausencio Comillo, Jr., et al.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus AUSENCIO COMILLO, JR., LUTGARDO COMILLO and ROMULO ALTAR, Accused-Appeellants

G.R. No. 186538 | 2009-11-25

D E C I S I O N


CHICO-NAZARIO, J.:

For review is the Decision, dated 24 June 2008, of the Court of Appeals in CA-G.R. CEB CR-HC No. 00503,[1] which affirmed with modification the Decision dated 6 August 2004, and Resolution dated 7 November 2005, of the Regional Trial Court (RTC), Branch 2, Eastern Samar, in Criminal Case No. 11111[2] finding accused-appellants Ausencio Comillo Jr., Lutgardo Comillo and Romulo Altar guilty of the crime of murder.

The facts borne by the records are as follows:

On 14 March 2000, an information[3] was filed with the RTC charging appellants with murder. The accusatory portion of the information reads:

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