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Lucibar Roca vs The C. A. & PEOPLE.

LUCIBAR ROCA y BONDARIO, petitioner, vs. THE COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents

G.R. No. 114917 | 2001-01-29

D E C I S I O N

QUISUMBING, J.:

On appeal by certiorari are the Decision[1] dated November 15, 1993, of the Court of Appeals in CA-G.R. No. 12317 and its Resolution[2]dated March 21, 1994, denying petitioner's motion for reconsideration. The assailed decision affirmed the judgment of the Regional Trial Court of Dumaguete City, Branch 44, in Criminal Case No. 8982,[3] convicting petitioner of the crime of homicide. Petitioner does not seek acquittal but prays for the modification of the penalty imposed so that he will be entitled to probation.

Petitioner was charged with murder, in the Information against petitioner, dated October 15,...