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PEOPLE vs Domingo Patoc, et al

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINGO PATOC, alias “DOMING” and JOHN DOE, accused-appellant.

G.R. No. 140217 | 2003-02-21

D E C I S I O N

CALLEJO, SR., J.:

This is an appeal from the Decision[1] of Branch 60 of the Regional Trial Court of Barili, Cebu, convicting accused-appellant of murder and sentencing him to reclusion perpetua with the aggravating circumstances of use of an unlicensed firearm in the commission of the crime, treachery and evident premeditation.

The Charge

On September 16, 1998, Domingo Patoc and a certain John Doe were charged with murder before the Regional Trial Court of Barili, Cebu in an Information which reads:

That on or about the 24th day of August, 1996 at the Municipality of Moalboal, Province of Cebu, Philippines, and within...