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People vs. Casabuena and Formaran [DISSENTING OPINION, CAGUIOA, J.]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. RONILEE CASABUENA Y FRANCISCO AND KEVIN FORMARAN Y GILERA, ACCUSED-APPELLANTS.

G.R. No. 246580 | 2020-06-23

DISSENTING OPINION
 
CAGUIOA, J.:
 
Accused-appellants here were charged with the special complex crime of Robbery with Homicide under paragraph 1, Article 294 of the Revised Penal Code (RPC) under an Information[1] which alleged that they, in conspiracy with one Jimmy Arizala (Arizala), armed with a gun and bladed weapons, with intent to gain and by means of force and violence and intimidation, robbed and divested some of the passengers inside a jeepney of their personal belongings, and on the occasion of said robbery, Arizala was killed while struggling with the possession of his gun with the responding police officer,...