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[G.R. No. 127849.June 26, 2001]

PEOPLE OF THE PHILIPPINES vs. LABUGUEN

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 26 2001.

G.R. No. 127849 (People of the Philippines vs. Vivencio Labuguen.)

For this Court's resolution is accused-appellant's motion for reconsideration of the Decision of this Court, promulgated on August 9, 2000, affirming the decision of the trial court convicting him of robbery with homicide and imposing upon him the penalty of death.He prays for his acquittal or, in the alternative, the reduction of the penalty from death to reclusion perpetua.

Movant asserts that:

"a) With due respect, the total reliance by this Honorable Court on the concocted and rehearsed testimonies of prosecution witness is misplaced;

"b) Plaintiff-appellee utterly failed to refute the defense theory that the trial court's conclusion of guilt of the accused is based solely on surmises, speculation and conjectures;

"c) Plaintiff-appellee failed to refute or controvert the defense of alibi of accused-appellant;

"d) The aggravating circumstances of fraud and craft should not have been considered against the accused-appellant."

Movant's arguments are mere reiteration of the issues passed upon meticulously by this Court in its assailed Decision.

WHEREFORE and considering the comment of the Solicitor General, the motion for reconsideration is denied with finality.Santiago, J., is abroad on official time.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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