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People vs. Escobal

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. ESTRILLO ESCOBAL Y SALVACION AND MELVIN E. ABAÑO, ACCUSED-APPELLANTS.

G.R. No. 206292 | 2017-10-11

D E C I S I O N
 
BERSAMIN, J.:
 
Mere passive presence at the scene of the crime does not implicate one who is not shown to have conspired with another in killing the victim.
 
The Case
 
Estrillo Escobal y Salvacion and Melvin E. Abaño were found and declared guilty of murder for the killing of the late SPO1 Fernando Gaabucayan, Jr. under the decision rendered on November 26, 2009 by the Regional Trial Court (RTC), Branch 21, in Cagayan de Oro City.[1] The Court of Appeals (CA) affirmed their conviction on December 20, 2011.[2] Hence, they appeal to the Court for exoneration.
 
Antecedents
 
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