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PEOPLE Vs. Luis B. Toring, Et Al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUIS B. TORING, DIOSDADO BERDON and CARMELO B. BERDIN, accused-appellants.

G.R. No. 56358 | 1990-10-26

D E C I S I O N


FERNAN, J.:

The appellants herein seek the reversal of the October 28, 1980 decision of the Circuit Criminal Court in Cebu City in Criminal Case No. CCC-XIV-2170 the dispositive portion of which reads:

"WHEREFORE, the Court finds the accused Luis B. Toring guilty beyond reasonable doubt of the crime of MURDER by direct participation as principal; Diosdado Berdon as accomplice thereto; and Carmelo Berdin as accessory after the fact.

Appreciating in favor of the accused Luis B. Toring the mitigating circumstance of voluntary surrender, the said circumstance having been offset by the aggravating circumstance of nighttime,...