That the offense committed was attended by the aggravating circumstance of superior strength. That on or about the 11th day of April 2004, at Ambongdolan, Municipality of Tublay, Province of Benguet, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually aiding each other, with intent to kill, did then and there willfully, unlawfully and feloniously attack, assault, maul and kick the stomach of one ELNER ARO y LARUAN, thereby inflicting upon him blunt traumatic injuries which directly caused his death thereafter. In an Information dated June 10, 2004, Wacoy and Quibac were charged with the crime of Homicide, defined and penalized under Article 249 of the Revised Penal Code (RPC), before the Regional Trial Court of Benguet, Branch 10 (RTC), as follows: 34078, which, inter alia, found petitioners Guillermo Wacoy y Bitol (Wacoy) and James Quibac Rafael (Quibac) guilty beyond reasonable doubt of the crime of Homicide. X - xĪssailed in these consolidated petitions for review on certiorari 1 are the Decision 2 dated Decemand the Resolution 3 dated Jof the Court of Appeals (CA) in CA-G.R.
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