84.) People v. Montanez.docx - People v Montaez GR No 14852...

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People v. Montaez GR. No. 14852, March 17, 2004 Facts: That on or about the 20 th day of July, 1993, at 12:00 midnight, more or less, in Barangay Pangabuan, Tangub City, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, with treachery and evident premeditation, and with intent to kill, did then and there, willfully, unlawfully and feloniously shot one Perlito Ollanes resulting in the instantaneous death of the victim. The appellant was arraigned, assisted by counsel, and entered a plea of not guilty. The prosecution then adduced testimonial and documentary evidence and rested its case. The appellant also rested his case after adducing his evidence. The prosecution then adduced rebuttal evidence and presented Daniel Sumaylo as surrebuttal witness. Sumaylo declared that the appellant did not kill the victim, but also stated that he did not know the killer. The appellant, thereafter, closed the presentation of his evidence.
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