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PEOPLE vs Gaballo

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO GABALLO, accused-appellant.

G.R. No. 133993 | 1999-10-13

D E C I S I O N


MELO, Acting C.J.:

Before us on automatic review is the decision of the Regional Trial Court of the Seventh Judicial Region stationed in Dumaguete City (Branch 34) in its Criminal Case No. 13341 finding accused-appellant guilty of murder and sentencing him to suffer the supreme penalty of death. Disposed thus the trial court:

WHEREFORE, accused ANTONIO GABALLO is hereby found guilty beyond reasonable doubt of the crime of MURDER, attended by the qualifying aggravating circumstances of treachery and abuse of superior strength, though the latter is absorbed by treachery pursuant to existing jurisprudence, and the presence...