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People. Vs. Refugio Devares, et al.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REFUGIO DEVARAS, FELIPE LADOY and ENRIQUE SALVE defendants, ENRIQUE SALVE, defendant-appellant.

G.R. No. L-25165 | 1971-02-27

D E C I S I O N


FERNANDO, J:

The accused in this case, Refugio Devaras, Felipe Ladoy and Enrique Salve, were prosecuted for and convicted the crime of robbery with homicide by Branch IV of Court of First Instance of Leyte, Tacloban City. The first two, Devaras and Ladoy, had in their favor two mitigating circumstances of voluntary surrender and lack of instruction and were sentenced to suffer an indeterminate penalty of six years to one day of prision mayor and fourteen years, eight months and one day of reclusion temporal. As no mitigating circumstance was found to exist to call for a punishment less severe, Enrique Salve was meted out...