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People of the Philippines Vs. Samuel Algarme Y Bonda & Rizaldy Gelle y Biscocho

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus SAMUEL ALGARME y BONDA @ “Stingray” (deceased) and RIZALDY GELLE y BISCOCHO, Accused-Appeellants.

G.R. No. 175978 | 2009-02-12

D E C I S I O N


BRION, J.:

We review in this appeal the September 7, 2006 decision of the Court of Appeals[1] (CA) in CA-G.R. CEB-CR-HC No. 00239, affirming with modification the June 25, 2002 decision of the Regional Trial Court (RTC), [2] Branch 60, Cadiz City. The RTC decision found accused-appellants Samuel Algarme y Bonda (Samuel) and Rizaldy Gelle y Biscocho (Rizaldy) guilty of the crime of robbery with homicide, and sentenced them to suffer the death penalty.

ANTECEDENT FACTS

The prosecution charged the appellants before the RTC with the special complex crime of robbery with homicide under an Information that states:

That on...