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

7/24/2019 People v. Lopez

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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