128.) People v. Lipata, G.R. No. 200302, April 20, 2016.docx

128.) People v. Lipata, G.R. No. 200302, April 20,...

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People v. Lipata, G.R. No. 200302, April 20, 2016 PEOPLE OF THE PHILIPPINES, Appellee, vs. GERRY LIPATA y ORTIZA, Appellant. Facts: On September 1, 2005 at around 6:00 p.m, Rolando Cueno upon arriving at home from work immediately went to the house of her aunt Mercelinda Valzado, which was located only a block away from their house, to ask for malunggay leaves. Appellant, Larry Lipata and a certain Rudy attacked the victim by repeatedly stabbing him. The assailants, including appellant, used a tres cantos, an ice pick and a broken piece of glass of Red Horse bottle. At one point, the victim managed to take the knife away from appellant and brandished the same at his attackers. Mercelinda Valzado, sister-in-law of the victim shouted for help and pleaded the assailants to stop, but they did not stop stabbing the victim. Thereafter, the victim fell on the ground. Upon seeing the victim fall, appellant and the other assailants left the scene. Through the help of
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