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PEOPLE vs Johnny Malinao

PEOPLE OF THE PHILIPPINES, appellee, vs. JOHNNY MALINAO Y NOBE, appellant.

G.R. No. 128148 | 2004-02-16

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

On automatic review is the Decision,[1] dated October 31, 1996, of the Regional Trial Court of Catbalogan, Samar (Branch 29) convicting appellant Johnny Malinao y Nobe of Illegal Possession of Firearm in its aggravated form under the second paragraph of Section 1 of P.D. No. 1866 (Illegal Possession of Firearm Law) and sentencing him to suffer the supreme penalty of death.

The facts are as follows:

In an Information dated January 16, 1995, docketed as Criminal Case No. 3998, appellant was charged with Murder, committed as follows:

That on or about the 14th day of November, 1994, at nighttime which...