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People vs. Dasmariñas

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. JERSON DASMARIÑAS Y GONZALES, ACCUSED-APPELLANT.

G.R. No. 203986 | 2017-10-04

D E C I S I O N
 
BERSAMIN, J.:
 
The failure of the information supposedly charging murder to aver the factual basis for the attendant circumstance of treachery forbids the appreciation of the circumstance as qualifying the killing; hence, the accused can only be found guilty of homicide. To merely state in the information that treachery was attendant is not enough because the usage of such term is not a factual averment but a conclusion of law.
 
The Case
 
Under review is the decision promulgated on May 28, 2012,[1] whereby the Court of Appeals (CA) affirmed with modification in CA-G.R. CR-HC No. 04865 the judgment...