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People vs. Perlito Mondigo y Abemalez

PEOPLE OF THE PHILIPPINES, Appellee, versus PERLITO MONDIGO y ABEMALEZ, Appeellant.

G.R. No. 167954 | 2008-01-31

D E C I S I O N

CARPIO, J.:

The Case

This is an appeal from the Decision[1] dated 16 March 2005 of the Court of Appeals convicting appellant Perlito Mondigo y Abemalez (appellant) of Murder and Frustrated Murder.

The Facts

The prosecution evidence showed that in the morning of 27 September 1998, appellant, Damaso Delima (Damaso), Damaso's son Delfin Delima (Delfin) and three other unidentified individuals were having a drinking spree in Ligas, Malolos, Bulacan. At around noon, Damaso's other son, Anthony Delima (Anthony), joined the group. At around 6:00 p.m., appellant, using a "jungle bolo," suddenly hacked Anthony on the...