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Severino David, Jr. Y Echane & Timoteo Gianan Vs. The People of the Phil.

SEVERINO DAVID, JR. Y ECHANE and TIMOTEO GIANAN, Petitioners, versus THE PEOPLE OF THE PHILIPPINES, Respondents.

G.R. No. 136037 | 2008-08-13

D E C I S I O N


LEONARDO-DE CASTRO, J.:

Through this petition for review on certiorari under Rule 45 of the Rules of Court, petitioner Severino David, Jr. and Timoteo Gianan seek to annul and set aside the Decision[1] of the Court of Appeals (CA) in CA-G.R. CR No. 17022 dated July 30, 1997, affirming the November 16, 1993 Decision[2] of the Regional Trial Court (RTC), Branch 171, of Valenzuela, Metro Manila, in Criminal Case No. 1076-V-92, convicting petitioners them of the crime of frustrated homicide pursuant to Article 50 in relation to Article 249 of the Revised Penal Code. Timoteo Gianan did not join Severino David, Jr. in filing...