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SHERWIN DELA CRUZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND CARLOS ALBERTO L. GONZALES, IN BEHALF OF HIS DECEASED BROTHER, JEFFREY WERNHER L. GONZALES, RESPONDENTS.

SHERWIN DELA CRUZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND CARLOS ALBERTO L. GONZALES, IN BEHALF OF HIS DECEASED BROTHER, JEFFREY WERNHER L. GONZALES, RESPONDENTS.

G.R. No. 189405 | 2014-11-19

THIRD DIVISION
 
D E C I S I O N

PERALTA, J.:

This is a petition for review on certiorari under Rule 45 of the Rules of Court, seeking to annul and set aside the May 7, 2009 Decision1 of the Court of Appeals, in CA-G.R. CV No. 89257, finding petitioner Sherwin Dela Cruz guilty beyond reasonable doubt of the crime of Homicide, and its August 19, 2009 Resolution2 denying his motion for reconsideration.
 
Petitioner was charged with the crime of Homicide in an Information3 dated March 2, 2005, which alleged:

That on or about the 1st day of January 2005, in the City of Makati, Philippines and within the jurisdiction of this...