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Rogelio Garcia Y De Roxas vs PEOPLE

ROGELIO GARCIA y DE ROXAS, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

G.R. No. 144699 | 2004-03-10

D E C I S I O N

CALLEJO, SR., J.:

This is a petition for review on certiorari of the Decision[1] of the Court of Appeals in CA-G.R. CR No. 17060 affirming the Decision[2] of the Regional Trial Court of Batangas, Branch 5, in Criminal Case No. 116-88, convicting the petitioner of homicide and sentencing him to an indeterminate penalty of imprisonment, and of the resolution of the CA denying his motion for reconsideration of its decision.

The Indictment

The petitioner was charged with homicide in an Information, the accusatory portion of which reads:

That on or about the 8th day of December, 1987, at about 9:35 o'clock in the evening,...