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PEOPLE vs Cesar N. Gavina

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CESAR GAVINA y NAVARRO, accused-appellant.

G.R. No. 118076 | 1996-11-20

REGALADO, J.:


Accused-appellant Cesar Gavina y Navarro argues in this appeal that, for lack of the requisite element of animus lucrandi, the Regional Trial Court, Branch 41, of Dagupan City should have found him guilty in Criminal Case No. D-11417 of only the lesser offense of homicide and not the special complex crime of robbery with homicide. The evidence for the prosecution, however, indubitably established the contrary. The trial court stamped its imprimatur thereon and rendered a condemnatory verdict. We affirm.

On February 20, 1993, accused-appellant was charged with the felony of robbery with homicide, the accusatory part of the...