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PEOPLE vs. Wilfredo Malinao

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO MALINAO alias "WELLY," WENCESLAO MORABE alias "ESLAO," and SERGIO MENDIONA alias "DODONG," accused, WENCESLAO MORABE, accused-appellant.

G.R. No. L-63735 | 1990-04-05

D E C I S I O N


GRIá'O-AQUINO, J.:

On November 17, 1982, the Court of First Instance of Leyte, Branch IV, in Palo, Leyte, rendered judgment in Criminal Case No. 3619, the dispositive portion of which reads:

"WHEREFORE, the court finds accused Wilfredo Malinao and Wenceslao Morabe guilty beyond reasonable doubt of the crime of murder qualified by superior strength and treachery as charged in the information. Taking his voluntary surrender into account accused Wilfredo Malinao is hereby sentenced to an indeterminate penalty of not less than ten (10) years and 1 day of prision mayor to not more than seventeen (17) years, 4 months and 1...