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Footnotes
* On official leave.
1 CA rollo, pp. 25-41; penned by Presiding Judge Gil G. Bollozos.
2 Rollo, pp. 3-23; penned by Associate Justice Abraham B. Borreta, with Associate
Justice.Romulo V. Borja and Associate Justice Melchor Q. C. Sadang concurring.
3 Records, p. 4.
4 Rollo, pp. 4-11.
5 Supra note 1.
6 CA rollo, p. 41.
7 Rollo, pp. 42-47.
8 CA rollo, pp. 12-23.
9 Supra note 2.
10 Rollo, pp. 12-21.
11 Id. at 22.
12 Rollo, pp. 42-47.
13 Id. at 29-30 (it is noted that the parties manifested that they were not filing any
supplemental briefs because they had already exhauste d their arguments in the CA).
14 People v. Aquinde, G.R. No. 133733, August 29, 2003, 410 SCRA 162, 174; People
v. Librando, 335 SCRA 232; People v. Alarcon, 335 SCRA 457.
15 People v. De Guzman, G.R. No. 177569, November 28, 2007, 539 SCRA 306, 314;
People v. Cabugatan,G.R. No. 172019, February 12, 2007, 515 SCRA 537, 547; People
v. Taan, G.R. No. 169432, October 30, 2006, 506 SCRA 219, 230; Perez v. People, G.R.
No. 150443, January 20, 2006, 479 SCRA 209, 219-220; People v. Tonog, Jr., G.R. No.
144497, June 29, 2004, 433 SCRA 139, 153-154; People v. Genita, Jr., G.R. No. 126171,
March 11, 2004, 425 SCRA 343, 348-349; People v. Pacheco, G.R. No. 142887, March
2, 2004, 424 SCRA 164, 174; People v. Abolidor, G.R. No. 147231, February 18, 2004,
423 SCRA 260, 265-266; People v. Santiago, G.R. Nos. 137542-43, January 20, 2004,
420 SCRA 248, 256.
16People v. Suyum, G.R. No. 137518, March 6, 2002, 378 SCRA 415, 427.
17 Razon v. People, G.R. No. 158053, June 21, 2007, 525 SCRA 284, 297.
18 G.R. No. 172606, November 23, 2011, 661 SCRA 159, 167-168.
19 People v. Dano, G.R. No. 117690, September 1, 2000, 339 SCRA 515, 531; People v.
Unarce, G.R. No. 120549, April 4, 1997, 270 SCRA 756, 764.
20 People v. Roman, G.R. No. 198110, July 31, 2013, 703 SCRA 94, 111-112.
21 Article 8, Revised Penal Code.
22 G.R. No. 220598, July 19, 2016, 797 SCRA 241.
23 Id. at 311-313; the bold underscoring is part of the original text.
24 Article 14(16), Revised Penal Code, which provides:
xxxx
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which
the offended party might make.
xxxx
25 Article 248. Murder. - Any person who, not falling within the provisions of Article
246 shall kill another, shall be guilty of murder and shall be punished by reclusion
perpetua to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or
with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption ofa volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
26 Article 246. Parricide. - Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be
guilty of parricide and shall be runished by the penalty of reclusion perpetua to death.
27 G.R. No. 202124, April 5, 2016, 788 SCRA 331.
28 Id. at 388.