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Ernesto Austria vs. Court Of Appeals, et al.

ERNESTO AUSTRIA, petitioner vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.

G.R. Nos. 118921-22 | 1997-06-11

D E C I S I O N

BELLOSILLO, J:

For the killing of Emilio Narral allegedly with treachery and evident premeditation, an Information for murder was filed against ERNESTO AUSTRIA and ANTONIO DATO before the Regional Trial Court of Valenzuela. After trial the court found both accused guilty of homicide and imposed upon each of them "an indeterminate penalty of twelve (12) years and one (1) day as minimum to twelve (12) years, ten (10) months and twenty (20) days as maximum (2 counts each); to both indemnify the heirs of Emilio Narral P30,000.00 each, and to pay the costs." 1 On appeal, the Court of Appeals affirmed the conviction of the...