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People of the Phi;l vs. Jose Duaban

THE PEOPLE OF THE PHILIPPINES, plaintiff , vs. JOSE DUABAN alias Jose Waban alias Jessie Duaban, defendant whose death sentence is under review.

G.R. No. L-31912 | 1979-08-24

D E C I S I O N

AQUINO, J:

This is a review en consulta of the death penalty imposed in a murder case. In an amended information filed on April 10, 1970 with the Circuit Criminal Court at Cebu City, a special counsel charged Jose Duaban, 20, with murder.

It was alleged therein that on October 15, 1969 Duaban treacherously stabbed Eleuterio Castillo, while the latter was asleep in his residence, inflicting upon him a wound which caused his death, and with the aggravating circumstance of dwelling "and the special aggravating circumstance of commission of a felony during the service of sentence (Art. 160, Revised Penal Code)."

At the...