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PEOPLE vs Jose Lomboy

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE LOMBOY @ "JOSE", accused-appellant.

G.R. No. 129691 | 1999-06-29

D E C I S I O N


PANGANIBAN, J.:

Acquittal is inevitable if inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt. Conviction must rest on the moral certainty of appellant's guilt brought about by the totality of the prosecution's evidence.

The Case

Jose Lomboy appeals the February 14, 1997 Decision1 [Penned by Assisting Judge Nicodemo T. Ferrer, who was the acting presiding judge during the trial.] of the Regional Trial Court (RTC) of San Carlos City, Pangasinan (Branch 57), finding him guilty of (A) frustrated...