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PEOPLE vs. GREGORIO HERMOSA and GABRIEL ABELINDE

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO HERMOSA and GABRIEL ABELINDE, accused-appellants.

G.R. No. 131805 | 2001-09-07

D E C I S I O N

PUNO, J.:

Accused GREGORIO HERMOSA and GABRIEL ABELINDE were meted the death penalty for the crime of murder. The crime was allegedly committed as follows:[1]

"That sometime on January 11, 1995, at about 1:00 o'clock in (the) morning more or less, at Barangay Gahit, Municipality of Caitingan, Province of Masbate, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, conspiring and confederating and mutually helping one another, with evident premeditation, use of superior strength and noctornity (sic) as cover, treachery, did then and there willfully, unlawfully and...