This case has been cited 1 times or more.
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2002-09-17 |
BELLOSILLO, J. |
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| necessary under our present Revised Rules of Criminal Procedure.[19] Moreover, even if alleged, the circumstance cannot be retroactively applied to prejudice accused-appellant; it must be stressed that RA 8294 took effect only on 6 July 1994 while the crimes involved herein were committed on 4 November 1993.[20] In any event, as correctly observed by the Solicitor General, there is no evidence proving the illicit character of the .38 cal. revolver used by appellant in killing Mayolito Cabatu and in trying to kill Florencia Cabatu, as to which requisite of the crime the record is eerily silent. WHEREFORE, the assailed Joint Decision of the RTC-Br. 23 of Roxas, Isabela, sentencing accused-appellant Michael Tadeo to reclusion perpetua for murder in Crim. Case No. 23-498, and to ten (10) years and one (1) day of prision mayor as | |||||