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PEOPLE vs. Jose Avellana, et al.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE AVELLANA and RODOLFO CERVANTES, accused whose death sentences are under review.

G.R. No. L-38345 | 1980-03-28

D E C I S I O N


AQUINO, J.:

This is another murder case involving convicts in the New Bilibid Prison. At about one-thirty in the afternoon of October 2, 1970, prisoner Carlos Estrosos, 26, was assaulted. He suffered twelve stab wounds in the chest and abdomen, some of which lacerated his lungs and heart and caused his death.

For that killing, prisoners Jose Avellana (Abellana) 25, of Southern Leyte, and Rodolfo Cervantes, 22, of Surigao del Norte were charged in the Circuit Criminal Court at Pasig, Rizal with murder qualified by treachery and aggravated by evident premeditation (Criminal Case No. 1013).

Both accused pleaded not guilty...