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PEOPLE vs Nathaniel Ponsaran, et al

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NATHANIEL PONSARAN and ARIEL PONSARAN (At large), accused. / NATHANIEL PONSARAN, accused-appellant.

G.R. No. 139616-17 | 2002-02-06

CRIMINAL LAW Aggravating circumstance of treachery

EVIDENCE - Credibility of witness

- Alibi

Facts:

Two information's were filed against the Ponsaran brothers. One for murder and the other for frustrated murder.

Accused Nathaniel emerged from a bamboo fence and shouted the words Eto ang hinahanap mo Bong. He then shot the victim. This accused the victim to fall face. Nathaniel then pointed the gun to the victim's wife and squeezed the trigged. The gun did not fire.

Accused Ariel appeared from where his brother emerged and fired at the back of the victim's head.

Both brothers took turns in kicking the victim and made sure he was...