Facts:

• The case involves the accused Francisco Cananowa who was charged with murder.
• The victim, Emilio Royo, was stabbed multiple times and died on the same night.
• The prosecution presented one eyewitness, Rogelio Dineros, who testified that he saw Cananowa stabbing Royo.
• Dineros' testimony confirmed his earlier statement to the police.
• The defense relied on an alibi, claiming that Cananowa was working at the time of the stabbing.
• The police blotter and report presented different motives for the killing, allegedly involving Cananowa's nephew, Jesus Cananowa.

Issue:

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Ruling:

• The court affirms the judgment of conviction but sets aside the death sentence.
• Cananowa is convicted of homicide with the aggravating circumstance of abuse of superiority.
• He is sentenced to an indeterminate penalty of 12 to 18 years of imprisonment.
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Ratio:

• The court finds that the testimony of Dineros is sufficient proof of Cananowa's complicity in the killing of Royo.
• The court acknowledges the error of the trial court in concluding that Cananowa admitted to stabbing and killing Royo.
• The court determines that the assault on Royo should be considered as homicide instead of murder.
• The aggravating circumstance of abuse of superiority is appreciated due to the presence of three assailants.
• The court explains that treachery cann...continue reading