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PEOPLE vs Edgar Ayupan, et al

PEOPLE OF THE PHILIPPINES, appellee, vs. EDGAR AYUPAN, GERRY HABLONA (at large), accused, EDGAR AYUPAN, appellant.

G.R. No. 140550 | 2002-02-13

D E C I S I O N

PANGANIBAN, J.:

When the evidence does not establish how the aggression commenced, treachery cannot be appreciated to qualify a killing to murder. In the present case, the lone prosecution witness did not see how the attack on the victim was initiated. Hence, the crime is only homicide, not murder.

The Case

Edgar Ayupan appeals the August 12, 1999 Decision[1] of the Regional Trial Court (RTC) of Iloilo City (Branch 33) in Criminal Case No. 32949, finding him guilty of murder and sentencing him to reclusion perpetua.

The Information, dated April 17, 1989 and signed by Second Assistant Provincial Prosecutor Irene S....