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People vs. Oandasan

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARIANO OANDASAN, JR., ACCUSED-APPELLANT.

G.R. No. 194605 | 2016-06-14

D E C I S I O N
 
BERSAMIN, J.:
 
This case involves a shooting incident that resulted in the deaths of two victims and the frustrated killing of a third victim. Although the trial court properly appreciated the attendance of treachery and pronounced the accused guilty of murder for the fatal shooting of the first victim, it erroneously pronounced the accused guilty of homicide and frustrated homicide as to the second and third victims on the basis that treachery was not shown to be attendant. The Court of Appeals (CA) concurred with the trial court's characterization of the felonies.

We disagree with both lower courts because...