people v. lopez
TRANSCRIPT
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7/24/2019 People v. Lopez
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PEOPLE OF THE PHILIPPINES, plaintif-appellee,
vs.FEDERICO LOPEZ @ AMBOY
LOPEZ, accused-appellant.
MENDOZA, J.:
NATURE OF THE CASE:
Appeal from the decision of the Regional Trial
Court, nding accused-appellant guilty o t!o
"ou#t$ o %u&'(& )#' o#( "ou#t o &u$t&)t('
%u&'(&.
FACTS:
The information charged:
Federico Lopez together with one John oe, whose
identit! has not !et "een esta"lished, armed with a
short rearm, with intent to #ill, with treacher! and
e$ident premeditation, did then and there willfull!,
unlawfull! and feloniousl! attac#, assault and shoot
Rogelio %eldera and Rodolfo &adapat which caused
their immediate death and on the same occasion andwith treacher! and e$ident premeditation wound 'ario
%eldera on his "reast(
ISSUE:
)*+ the information led is defecti$e as it charged
more than one oense(
HELD:
.%( The information led is in $iolation of Rule //0,
sec( /1 of the Re$ised Rules of Court(
eath of Rogelio %eldera 2 3ne count of murder
eath of Rodolfo &atapat 2 3ne count of murder4n5uries of 'ario %eldera 2 Attempted murder6 notfrustrated murder as in5uries of 'ario were not lifethreatening(RATIO:
T*( I#o&%)tio# i$ o&%)lly '(("ti+( )$ it
"*)&g(' %o&( t*)# o#( o(#$( i# +iol)tio# o
Rul( --, $(". -/ o t*( R(+i$(' Rul($ o
Cou&t.7owe$er, "ecause of his failure to le a motion
to 8uash, Federico Lopez is deemed to ha$e wai$ed
o"5ection "ased on the ground of duplicit!( T*(
'i$0o$iti+( 0o&tio# o t*( t&i)l "ou&t1$ '("i$io#
2#'$ )""u$('3)00(ll)#t guilty o Dou4l( Mu&'(&
RULE 110
Prosecution of Offenses
Section 3.Complaint defined. A
complaint is a sworn written statement
charging a person with an offense,
subscribed by the offended party, any
peace officer, or other public officer
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!it* F&u$t&)t(' Mu&'(&, 4ut $(#t(#"($ *i% o&
t!o $(0)&)t( "ou#t$ o %u&'(& )#' o#( "ou#t o
&u$t&)t(' *o%i"i'(( 4t was held that Federico Lopez
was guilt! of two counts of murder and one count of
attempted murder( 9nder Art( ; of the R&C