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PEOPLE vs Ricardo Latag

PEOPLE OF THE PHILIPPINES, appellee, vs. RICARDO LATAG alias “CARDO”, appellant.

G.R. No. 153213 | 2004-01-22

D E C I S I O N

PANGANIBAN, J.:

Treachery as a qualifying circumstance must be proven as clearly and as convincingly as the killing itself. In the present case, since no qualifying circumstance was proven beyond reasonable doubt, the crime is homicide, not murder.

The Case

Ricardo Latag alias "Cardo" appeals the February 27, 2002 Decision[1] of the Regional Trial Court (RTC) of Lipa City (Branch 12) in Criminal Case No. 0083-2000, finding him guilty of murder and sentencing him to reclusion perpetua. The dispositive part of the RTC Decision is worded thus:

"WHEREFORE, the Court finds the accused, RICARDO LATAG alias 'CARDO', guilty...