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People vs. Pepino & Gomez [DECISION, BRION, J.]

PEOPLE OF THE PHILIPPINES, PETITIONER, VS. JERRY PEPINO Y RUERAS AND PRECIOSA GOMEZ Y CAMPOS, RESPONDENTS.

G.R. No. 174471 | 2016-01-12

D E C I S I O N
 
BRION, J.:
 
This is an appeal filed by Jerry Pepino (Pepino) and Preciosa Gomez (Gomez) assailing the June 16, 2006 decision[1] of the Court of Appeals (CA) in CA-G.R. CR-HC No. 02026.
 
ANTECEDENTS

The prosecution evidence showed that at 1:00 p.m., on June 28, 1997, two men and a woman entered the office of Edward Tan at Kilton Motors Corporation in Sucat, Paranaque City, and pretended to be customers. When Edward was about to receive them, one of the men, eventually identified as Pepino, pulled out a gun. Thinking that it was a holdup, Edward told Pepino that the money was inside the cashier's box. Pepino...