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Decided Cases

In: Other Topics

Submitted By SHEYLABABE
Words 22554
Pages 91
Republic of the Philippines
Supreme Court
Manila

FIRST DIVISION

LYDIA C. GELIG, | | G.R. No. 173150 | Petitioner, | | | | | | | | Present: | | | | | | CORONA, C. J., Chairperson | - versus - | | VELASCO, JR., | | | LEONARDO-DE CASTRO, | | | DEL CASTILLO, and | | | PEREZ, JJ. | | | | PEOPLE OF THE PHILIPPINES, | | Promulgated: | Respondent. | | July 28, 2010 | x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

D E C I S I O N

DEL CASTILLO, J.: An examination of the entire records of a case may be explored for the purpose of arriving at a correct conclusion, as an appeal in criminal cases throws the whole case open for review, it being the duty of the court to correct such error as may be found in the judgment appealed from.[1] Petitioner Lydia Gelig (Lydia) impugns the Decision[2] promulgated on January 10, 2006 by the Court of Appeals (CA) in CA-G.R. CR No. 27488 that vacated and set aside the Decision[3] of the Regional Trial Court (RTC), Cebu City, Branch 23, in Criminal Case No. CU-10314. The RTC Decision convicted Lydia for committing the complex crime of direct assault with unintentional abortion but the CA found her guilty only of the crime of slight physical injuries. Factual Antecedents On June 6, 1982, an Information[4] was filed charging Lydia with Direct Assault with Unintentional Abortion committed as follows: That on the 17th day of July, 1981 at around 10:00 o’clock in the morning, at Barangay Nailon, Municipality of Bogo, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did, then and there, willfully, unlawfully, and feloniously assault, attack, employ force and...

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