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PEOPLE vs Sueene Discalsota

PEOPLE OF THE PHILIPPINES, appellee, vs. SUEENE DISCALSOTA y JUGAR, appellant.

G.R. No. 136892 | 2002-04-11

D E C I S I O N

PANGANIBAN, J.:

Without any proven qualifying circumstance, a killing constitutes homicide which is punishable by reclusion temporal, not death. Where the attack was made openly and the victim had ample opportunity to escape, treachery cannot be appreciated.

The Case

For automatic review by this Court is the Decision[1] dated September 28, 1998, issued by the Regional Trial Court (RTC) of Bacolod City (Branch 53), finding Sueene Discalsota y Jugar guilty of murder beyond reasonable doubt. The decretal portion of the Decision reads as follows:

"WHEREFORE, the court finds the accused Sueene Discalsota, alias Ronnie de la...