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PEOPLE. Vs. Juan Espera

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN ESPERA, alias Ogoy, and FRANCISCO TOLITOL, alias Kiko, defendants-appellants.

G.R. No. 67173 | 1989-07-31

D E C I S I O N


REGALADO, J.:

This is an automatic review of the decision of the then Court of First Instance of Samar 1 in Criminal Case No. C-414 (C-1438), the decretal portion whereof reads:

"Viewed from all the foregoing, the Court therefore, declares both accused Juan Espera and Francisco Tolitol GUILTY of the crime of ROBBERY with HOMICIDE and SENTENCES Juan Espera to suffer the extreme penalty of DEATH, the crime having been attended by the aggravating circumstance (sic) of treachery and recidivism and evident premeditation as generic aggravating circumstance (sic); without any mitigating circumstances to offset the aggravating...