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PEOPLE vs. Dominic Ca?ete, et al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINIC, GERMAN and HARVEY, ALL SURNAMED CA?ETE, accused-appellant.

G.R. No. 120495 | 1998-03-12

D E C I S I O N

MELO, J:

The circumstances obtaining in the present case bring to life the amended provisions of Section 13, Rule 124 of the Rules of Court. Being of the opinion that the penalty of reclusion perpetua should have been imposed in Criminal Case No. 994-M(88), the crime committed being murder and not simply homicide, the Court of Appeals rendered judgment but in pursuance of the aforementioned rule, refrained from entering judgment and instead certified the case to this Court for review.

Since the conviction or the crime of murder resulted in the imposition of reclusion perpetua as the sentence, the Court resolved to order:...