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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 70639. June 30, 1987.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO DOLLANTES, HAMLET DOLLANTES, ALFREDO DOLLANTES, LAURO DOLLANTES, MONICO DOLLANTES, SIDRITO LOKESIO, MERLANDO DOLLANTES, HUGO GRENGIA, DANNY ESTEBAN AND LEONILO VILLAESTER, Accused-Appellants.


D E C I S I O N


PARAS, J.:


This is an appeal from a decision of the Regional Trial Court of Dumaguete City, 7th Judicial Region, Branch XL, in Criminal Case No. 5832, convicting the nine (9) accused, Pedro Dollantes, Hamlet Dollantes, Lauro Dollantes, Monico Dollantes, Sidrito Lokesio, Merlando Dollantes, Hugo Grengia, Danny Esteban and Leonilo Villaester, all equally guilty of the complex crime of "Assault upon a Person in Authority Resulting in Murder" and sentencing the above-mentioned accused to suffer the penalty of reclusion perpetua and to indemnify the heirs of the deceased, jointly and severally, the sum of P30,000.00 to pay attorney’s fees in the amount of P3,000.00 and to pay the costs.

All of the accused were charged as follows:jgc:chanrobles.com.ph

"That on or about the 21st day of April 1983 at nighttime, in the Municipality of Tayasan, Province of Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and helping one another with evident premeditation and treachery, and with intent to kill did then and there, willfully, unlawfully and feloniously attack, assault and stab one Marcos Gabutero, Barangay Captain of Maglihe, Tayasan, Negros Oriental, an agent of a person in authority and which fact accused had full knowledge, while the latter was in the lawful performance of his official duty or function as Barangay Captain or on the occasion of such function, with a bolo and hunting knives with which the accused were then armed and provided, thereby inflicting the following wounds in the victim, viz:chanrob1es virtual 1aw library

1. Stab wound measuring three and a half (3
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