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PEOPLE vs SPO1 Gutierrez Jr

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SPO1 ROMULO GUTIERREZ, JR., accused-appellant.

G.R. No. 116281 | 1999-02-08

D E C I S I O N


MENDOZA, J.:

This is an appeal from the decision,1 [Per Judge Manuel A. Roman, Rollo, pp. 24-42.] dated February 15, 1994, of Branch 42 of the Regional Trial Court of Pinamalayan, Oriental Mindoro, the dispositive portion of which reads:

WHEREFORE, premises considered, this Court finds accused SPO1 ROMULO GUTIERREZ, JR. guilty beyond reasonable doubt of the crime of MURDER defined and punished under Article 248 paragraph 5 of the Revised Penal Code as charged with aggravating circumstances of abuse of superior strength, that advantage was taken by the accused of his public position, and that the crime was committed in...