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People vs. Antonio [SEPARATE OPINION, CONCURRING AND DISSENTING, PUNO, J.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBERTO S. ANTONIO, SPO4 JUANITO N. NIETO and SPO1 HONORIO CARTALLA, JR., accused-appellants.

G.R. No. 128900 | 2000-07-14

CONCURRING AND DISSENTNG OPINION

PUNO, J.:

I agree with the majority decision except its finding that treachery did not attend the killing of the victim, Arnulfo Tuadles, and the conclusion that the accused-appellant, Alberto "Ambet" Antonio, should not be held guilty of murder but only of homicide.

For proper perspective, I wish to relate the relevant facts on the issue of treachery.

On November 2, 1996, at about 9:30 a.m., the victim, Arnulfo "Arnie" Tuadles, 40 years old, a former professional basketball player and a family man, was shot to death by accused-appellant Alberto "Ambet" Antonio, 59 years...