People vs Lizada G.R. No. 143468-71. January 24, 2003
PEOPLE OF THE PHILIPPINES vs. FREDIE LIZADA (G.R. No. 143468-71. January 24, 2003) Ponente: Justice Romeo Callejo, Sr. Doctrine: The spontaneous desistance of a malefactor exempts him from criminal liability for the intended crime but it does not exempt him from the crime committed by him before his desistance. This is an automatic review of the Decision of the Regional Trial Court of Manila, Branch 54, finding accused-appellant Freedie Lizada guilty beyond reasonable doubt of four (4) counts of qualified rape and meting on him the death penalty for each count as provided for in the seventh paragraph, no. 1, Article 335 of the Revised Penal Code. sometime in August 1998, on or about November 5, 1998, on or about October 22, 1998, on or about September 15, 1998, ISSUE: THE TRIAL COURT GRAVELY ERRED IN NOT MAKING A FINDING OF FACT IN ITS DECISION AND SUCH FAILURE IS A REVERSIBLE ERROR. THE TRIAL COURT GRAVELY ERRED IN ...