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People vs. Gunda and Rebato

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GERWIN GUNDA[1] AND ELMER T. REBATO, ACCUSED.

G.R. No. 242883 | 2020-09-03

FIRST DIVISION

D E C I S I O N
 
PERALTA, C.J.:
 
For resolution of this Court is the appeal of accused-appellant Elmer T. Rebato seeking the reversal of the Court of Appeals (CA) Decision[2] dated August 30, 2018, which affirmed with modifications the Decision[3] of the Regional Trial Court (RTC), Branch 1, Borongan City, Eastern Samar, dated June 18, 2015, finding Rebato guilty of the crime of Murder under Article 248 of the Revised Penal Code (RPC).

The accusatory portion of the Information, docketed as Criminal Case No. 12002, states:
 
That on September 6, 2008, at about 11:30 o'clock (sic) in the evening, at...