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People vs. Benito

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBERTO BENITO y RESTUBOG, accused-appellant.

G.R. No. L-32042 | 1976-12-17

R E S O L U T I O N

AQUINO, J:

Alberto Benito was sentenced to death by the Circuit Criminal Court of Manila after he pleaded guilty to the charge of murder for having shot with a .22 caliber revolver Pedro Moncayo, Jr. on December 12, 1969. The killing was qualified by treachery and aggravated by premeditation and disregard of rank. It was mitigated by plea of guilty.
After a mandatory review of the death sentence, this Court in its decision of February 13, 1975 affirmed the judgment of conviction. It appreciated in Benito's favor the mitigating circumstance of voluntary surrender. The penalty was reduced to reclusion perpetua. (People...