16. Pareja v. Gomez,.pdf - SUPREME COURT REPORTS ANNOTATED VOLUME 005 830 10)22 PM SUPREME COURT REPORTS ANNOTATED Pareja vs Gomez No L-18733 FELIPE B

16. Pareja v. Gomez,.pdf - SUPREME COURT REPORTS ANNOTATED...

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09/09/2017, 10)22 PM SUPREME COURT REPORTS ANNOTATED VOLUME 005 Page 1 of 6 830 SUPREME COURT REPORTS ANNOTATED Pareja vs. Gomez No. L-18733. July 31, 1962. FELIPE B. PAREJA, petitioner, vs. THE HON. AMADOR E. GOMEZ, Judge of the Court of First Instance of Cebu and the PEOPLE OF THE PHILIPPINES,respondents. Criminal Procedure; Arrests; Right to bail in capital offenses; Requisites for conviction art circumstantial evidence not applicable to constitutional right to bail. ·Section 98, Rule 123 of the Rules of Court, governs the quantum of evidence essential for conviction, for which guilt must be established beyond reasonable doubt, but is not decisive in connection with the constitutional right to bail in capital offenses, where it is enough that the evidence of guilt be strong. ORIGINAL ACTION in the Supreme Court. Certiorari. The facts are stated in the opinion of the Court. Jose L. Africa, Manuel Zosa, Amadeo D. Seno, V. del Rosario, M. M. Florida and A. B. Pareja for petitioner. Solicitor General for respondents. CONCEPCION, J.: This is an original action for certiorari to annul certain orders of the Court of First Instance of Cebu and secure an order for the release of petitioner Felipe B. Pareja. The essential facts are not disputed. Petitioner Pareja is accused in the Court of First Instance of Cebu, together with Cesario Orongan, Avelino Monzolin, and Gaspar Mesa, of the crime of murder. In the information, dated July 24, 1961, it is alleged: "That on or about the 3rd day of July, 1961, at about 6:30 in the
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09/09/2017, 10)22 PM SUPREME COURT REPORTS ANNOTATED VOLUME 005 Page 2 of 6 1. 2. 3. evening, in the City of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the accused, conspiring, confederating with and mutually helping one another, with intent to kill one Attorney ANTONIO ABAD TORMIS, did then and there wilfully, feloniously and criminally shoot An- 831 VOL. 5, JULY 31, 1962 831 Pareja vs. Gomez tonio Abad Tormis suddenly and unexpectedly three times with a .32 Caliber revolver thus causing the following injuries: Wound, gunshot, penetrating skin, subcutaneous tissue, pectoralis major and minor muscles, external and internal intercostal muscles of the 3rd right intercostal space, at an area 5 cms. from the right border of the anterior median
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