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Calderon vs. People [SEPARATE OPINION, MONTEMAYOR, J,]

SAMSON VILORIA CALDERON, Petitioner, v. PEOPLE OF THE PHILIPPINES and the THE HONORABLE COURT OF APPEALS, Respondents. Col. Fred Ruiz Castro, Capt. Eleuterio S. Abiad and Capt. Juan G. Esguerra for Petitioner. Assistant Solicitor General Francisco Carreon and Solicitor Jesus A. AvanceƱa for Respondents.

G.R. No. L-6189 | 1954-11-29

Separate Opinions

MONTEMAYOR, J., dissenting:

Appellant Samson Viloria Calderon, hereafter referred to as Viloria, a member of the Armed Forces of the Philippines, was convicted by the Court of First Instance of Manila, of homicide thru reckless negligence and sentenced to an indeterminate penalty ranging from four (4) months of arresto mayor to one (1) year and six (6) months of prision correccional, to indemnify the heirs of Eustacio Rodil in the amount of P3,000, with subsidiary imprisonment in case of insolvency, and to pay the costs. On appeal to the Court of Appeals, said Tribunal found him guilty of homicide and sentenced him to an...