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EN BANC

G.R. No. 85735 January 18, 1994

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JULIO LUG-AW and ROGELIO BANNAY alias JUNIOR BANNAY, defendant-appellants.

The Solicitor General for plaintiff-appellee.chanrobles virtual law library

Public Attorney's Office for accused-appellant.

ROMERO, J.:

This case demonstrates how passion can sway people who perceive that their right to till the soil is being violated - Carlos Pal-loy was shot to death as he was fencing the boundary limits of the land he was farming by persons identified with the owner of the land adjacent to his own and with whom Pal-loy had a boundary dispute.chanroblesvirtualawlibrarychanrobles virtual law library

Pal-loy was farming part of the communal forest land located in Sitio Kalipkip, Sto. Niño, Maddela, Quirino. Despite the boundary dispute between him and his neighbor, Conchita Tipon (Nipol or Ngipol), on December 12, 1985, Pal-loy straightened out the boundary line by putting up a fence allegedly upon the instruction of the public forester. 1chanrobles virtual law library

As Pal-loy went about the task, his 13-year old-daughter, Sonia, and another daughter named Carina, followed him around. Pal-loy was proceeding towards the house when Sonia heard a gun report. Immediately, she went uphill and just as a second gun report resounded, she saw Rogelio Bannay and Julio Lug-aw from a distance of around four meters. She saw, too, that as her father was about to draw his bolo, Lug-aw shot him.chanroblesvirtualawlibrarychanrobles virtual law library

Approaching here father, she found him wounded on the right shoulder and the lower portion of the breast. Pal-loy asked her to call her mother. Sonia obeyed and together with her mother, they returned to him. He told them that his assailants were Lug-aw and Bannay. Her mother told her to seek help but no one responded. It was only when her mother herself called for help that Boy Culap, Gorio Gay-yaman and Patumbay Immul-yap came to their assistance. They brought Pal-loy to their house.chanroblesvirtualawlibrarychanrobles virtual law library

According to Sonia, Lug-aw was behind a tree stump when he shot her father. Bannay, who was with Lug-aw, was hiding and he did not do anything. 2She was around ten meters from the two but she could not have seen them had she and her sister Carina not climbed a tree after the first shot. After shooting Pal-loy, Lug-aw ran towards the left side of Pal-loy with Bannay following him. Sonia saw the gun used in shooting hr father but could not tell its caliber. 3chanrobles virtual law library

Carmen, Pal-loy's wife, was at home at around 5:00 o'clock in the afternoon of December 12, 1985 when he heard a gun report which was followed by another shot three minutes later. She rushed to where she thought she heard the shots and found her daughters hiding behind the stump of a tree near their father. Her daughters informed her that their father's assailants were Julio
Lug-aw and Junior Bannay, the nephew of Conchita Tipon. Her husband himself corroborated this and told her, "Awan sabali nga pimmaltog, nangpatay kaniak no haan nga ni Julio Lug-aw kenni Rogelio Bannay" meaning, "nobody killed me except Lug-aw and Bannay." 4chanrobles virtual law library

Instructing her daughters to look after their father, Carmen forthwith proceeded to the barangay captain and councilmen of Sto. Niño to ask for help. Since no one came to help her, she sought the assistance of her neighbors. Her husband died at around 12 o'clock midnight and they buried him within the premises of their residence. 5chanrobles virtual law library

Having heard of the "suspicious circumstances" surrounding the death of Pal-loy, the police station commander in Maddela requested the municipal health officer to conduct an autopsy after the body of Pal-loy shall have been exhumed. 6For his part, the municipal health officer, Dr. Teodomiro R. Hufana, Jr., manifested before the municipal trial judge that after the burial of Pal-loy on December 15, 1985, the police acted on the case only upon the order of the commanding officer of the 166th PC company. Dr. Hufana also requested that the police bring down the body of Pal-loy from the mountain as he was incapable of negotiating the six-kilometer distance to the place where Pal-loy was buried. 7chanrobles virtual law library

Upon exhuming the body on July 7, 1987, Dr. Hufana found it dressed in white T-shirt and wrapped in a blanket. The bones were all in "chronological order" and there were four pellets in the lower quadrant of the abdomen and three pellets in the thoracic cage. There were two holes on the right side of the back of the T-shirt which were "probably the exit of the two pellets." According to Dr. Hufana, Pal-loy could have died of "severe hemorrhage secondary to gunshot wound." 8chanrobles virtual law library

The police filed before the municipal trial court of Maddela a complaint for murder against Lug-aw and Bannay on October 29, 1986. 9Bannay was arrested on November 18, 1986 while Lug-aw was apprehended the following day. 10The court thereafter fixed their bailbond at P20,000.00 each 11but it was later reduced to P12,000.00 each. 12Lug-aw and Bannay were then ordered released from custody in an Order dated January 26, 1987 upon posting of the bailbond. 13On May 19, 1987, the following information was filed against them:

That on or about 5:00 o'clock in the afternoon of December 12, 1985 in barangay Sto. Niño, Municipality of Maddela, Province of Quirino, Philippines, the above-named accused, armed with firearms, with intent to kill, conspiring, confederating and mutually helping one another, attended with treachery and evident premeditation, did then and there wilfully, unlawfully and feloniously, shot CARLOS PAL-LOY which caused the death of the latter.chanroblesvirtualawlibrarychanrobles virtual law library

That the crime was attended by the qualifying circumstances of treachery and evident premeditation.chanroblesvirtualawlibrarychanrobles virtual law library

CONTRARY TO LAW.

Testifying in his own defense, Julio Lug-aw, the son-in-law of Conchita Nipol, swore that he was plowing his farm in Nalungtutan, Nagtipunan, Quirino around 16 to 17 kilometers away from Sitio Kalipkip, Sto. Niño, Maddela, Quirino when the shooting occurred. Sitio Kalipkip can be reached on foot from Nalungtutan for five (5) hours as the road between them can be negotiated only by a 6 x 6 truck when the river is shallow. He denied farming his mother-in-law's agricultural land in Sitio Kalipkip as he never set foot therein except when he got married. He expressed amazement at Sonia Pal-loy's testimony that he was the gunwielder, repeatedly denying any grudges between him and the victim's family. 14chanrobles virtual law library

Rogelio Bannay whose house in Nalungtutan was around fifty meters away from that of Lug-aw, testified that when the crime occurred, he was at home "peeling peanuts" with his wife. He had gone to Sto. Niño in January 1984 to attend a wedding but he had not been to Sitio Kalipkip. He belonged to the same Ifugao tribe as Carlos and Carmen Pal-loy and the latter was his barriomate in Banawe. Like Lug-aw, he disclaimed bearing any grudge against Pal-loy and his family. Bannay Buanan and Conchita Nipol, his relatives in Sitio Kalipkip, indeed had a farm adjacent to the kaingin of Pal-loy but he learned from his relatives that they and Pal-loy enjoyed "good company" (timpuyog). 15chanrobles virtual law library

Both alibis of Lug-aw and Bannay were supported by Jovito Pascual, the barangay captain of San Dionisio II, Nagtipunan, Quirino, who testified that when the crime transpired, he saw Lug-aw plowing his farm with four other persons. He also saw Bannay "peeling peanuts" at home. 16In its effort to discredit the testimony of Sonia Pal-loy, the defense presented Mario Lingay, a farmer and storekeeper in Dipintin, Sangbay East, Nagtipunan, Quirino, who testified that on December 13, 1985, two of Pal-loy's children came to his store to buy petroleum gas and gas and when he asked them who killed their father, both allegedly replied, "I don't know." Lingay asked the children's names but in a rush, they failed to answer him. Only later did he learn that their names were Sonia and Carmen. 17chanrobles virtual law library

In its decision of September 8, 1988, the lower court 18ruled that the alibi and denial interposed by the defense cannot overcome the positive identification of the accused by Sonia Pal-loy. Appreciating both treachery and evident premeditation against the accused, the lower court disposed of the case, as follows:

IN VIEW OF ALL THE FOREGOING CONSIDERATIONS, the prosecution had proven the guilt of the accused Julio Lug-aw and Rogelio Bannay beyond reasonable doubt. Accordingly, the accused ROGELIO BANNAY and JULIO LUG-AW are hereby sentenced to reclusion perpetua or life imprisonment plus the accessory penalties provided by law and they are further ordered to indemnify the heirs of the victim Carlos
Pal-loy in the amount of Thirty Thousand (P30,000.00) Pesos. Cost against the accused.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

The accused then filed a motion for "new trial and/or consideration" based on the "inefficient legal service" rendered by the CLAO (Citizens Legal Assistance Office) which allegedly denied the accused due process and prevented them from properly ventilating their cause. 19Attached to the motion were the affidavits of: (1) Bannay attesting to the fact that before the promulgation of the decision, Carmen Pal-loy, the victim's widow, twice approached him begging for forgiveness; telling him that she was just induced to frame up the accused and expressed her willingness to testify to prove that both accused were innocent; (2) Fernando Lablalong, stating that he was with Lug-aw plowing the field on December 12, 1985; that he was in the house of Bannay when Carmen Pal-loy confessed that she and her daughters were induced to point to the accused as the killers, and that he confirmed the fact that it was physically impossible for the accused to have been at the scene of the crime, and (3) Gregorio Gayyaman, swearing that he was one of those who helped Carmen bring her dead husband home; that being a relative of Pal-loy, he asked Carmen the name of the killer but she replied that she did not know; that while he and the others made Pal-loy's coffin , no mention of the names of the accused as the killers; that it was only after Carmen had lived with one Carlos Capinpin that the accused became the suspects in the killing and that he was surprised that after the victim's family had informed him that there was no evidence as to who killed Pal-loy, the names of the accused suddenly cropped up.chanroblesvirtualawlibrarychanrobles virtual law library

After the prosecution had filed its comment on the motion, the lower court denied the same in an Order dated September 8, 1988 explaining that the testimonies of Lablalong and Gayyaman could not be considered newly-discovered evidence because the defense had all the opportunity to present them as witnesses at the trial. The court also turned the claim of the defense regarding the incompetence of counsel stating that, if upheld, there would be no end to a suit as long as a new counsel could be employed by the accused. 20chanrobles virtual law library

The defense filed a motion for reconsideration of said Order quoting the "treatise" of then Secretary of Justice Sedfrey A. Ordoñez on "forgotten evidence" under Rule 37 of the Rules of Court and ineffective counsel. 21Attached to the motion were the affidavits of: (1) Rosalina Bookan stating that Carmen Pal-loy, her townmate, admitted to her that the accused were not the real culprits and that Carmen was advised against recanting her testimony which might subject her to persecution, and (2) Carmen Pal-loy swearing that her husband "did not state categorically and clearly that it was the accused Julio Lug-aw and Rogelio Bannay who shot him" and that she did tell Bookan and the spouses Rogelio and Julie Bannay that her husband did not say that the accused perpetrated the crime.chanroblesvirtualawlibrarychanrobles virtual law library

In its Order of October 7, 1988, the lower court denied the motion and held that it was Sonia Pal-loy and not her mother, Carmen, who is the principal witness to the killing and that the alleged ineffective legal assistance is not a ground for new trial. 22Hence, the instant appeal.chanroblesvirtualawlibrarychanrobles virtual law library

The appellants contend that the lower court erred in finding that they were positively identified as the culprits and that the victim's wife and daughter Sonia were present when the crime was perpetrated. They also assail the lower court's finding that there was a conspiracy between them in killing Pal-loy.chanroblesvirtualawlibrarychanrobles virtual law library

As in most criminal cases, the linchpin in the resolution of this case is the credibility of the witnesses. Times without number, this Court has declared that the findings of the trial court on this matter should not be disturbed on appeal unless some facts or circumstances of substance and value have been overlooked which, if considered, might well affect the result of the case. This doctrine is premised on the undisputed fact that, since the trial court has the best opportunity of observing the demeanor of the witnesses while on the stand, it can discern whether the witnesses are telling the truth or not. 23We find no cogent reason to depart from this doctrine.chanroblesvirtualawlibrarychanrobles virtual law library

As expected, the appellants zeroed in on the testimony of Sonia Pal-loy, the only eyewitness presented by the prosecution. They contend that Sonia did not actually witness how her father was shot. In support of this contention, appellants cite discrepancies between her sworn statement and her testimony in open court. They assert that her failure to specifically name the two persons running away from the scene of the crime cast a doubt on her testimony that she saw Lug-aw shooting her father. 24chanrobles virtual law library

The Court has always discouraged reliance on affidavits as a basis for resolving a criminal case. In People v. Caranzo 25the Court said that "affidavits being taken ex parte usually are incomplete and often inaccurate, caused sometimes from partial suggestions, sometimes for want of suggestions and inquiries, without the aid of which the witness may be unable to recall the connected collateral circumstances necessary for the correction of the first suggestion of his memory and for his accurate recollection of all that belongs to the subject." As correctly pointed out by the Solicitor General, Sonia's failure to name the appellants in her sworn statement could be attributed to her tender years and the trauma and shock she had experienced after having witnessed the horrifying killing of her father.chanroblesvirtualawlibrarychanrobles virtual law library

The gaps in Sonia's sworn statement were, however more than offset by her testimony during the preliminary investigation conducted by the municipal trial judge on November 12, 1986 wherein she testified, thus:

Q Who is your father?chanrobles virtual law library

A Carlos Palloy, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where is your father now?chanrobles virtual law library

A He was killed, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who killed him?chanrobles virtual law library

A Julio Lug-aw and Junior Bannay, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why do you know that your father was killed by Julio Lug-aw and Junior Bannay?chanrobles virtual law library

A I saw them shoot my father, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Between the two, Julio Lug-aw and Junior Bannay, who shot your father?chanrobles virtual law library

A Julio Lug-aw, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What kind of gun did you see they used to shoot your father?chanrobles virtual law library

A Long, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q How far were you when you saw Lug-aw shot your father?chanrobles virtual law library

A About four meters, sir, from my father, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where were Julio Lug-aw and Junior Bannay at the time when they shot your father?chanrobles virtual law library

A They were hiding behind a trunk of a tree, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you tell your mother that your father was shot?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q When you heard the gun report and your father was shot what did you do?chanrobles virtual law library

A I called my mother, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q (Did) you have a companion at the time when you heard a gun report?chanrobles virtual law library

A Yes, sir my sister Carlina.chanroblesvirtualawlibrarychanrobles virtual law library

Q How many gun report(s) did you hear (from) the direction of your father?chanrobles virtual law library

A Two, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And the gun report(s) (were) all in the direction of your father?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was your father doing when he was shot?chanrobles virtual law library

A He was driving a peg on the ground when he was shot and when he was shot he tried to draw his bolo but he was prevented when (sic) drawing his bolo because they hit him on his arm, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Before your father died did you talk to him?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What did he tell you if any?chanrobles virtual law library

A He said that "IF I DIE MY ASSAILANT(S) WHO KILL (ED) BY SHOOTING ARE JULIO LUG-AW AND JUNIOR BANNAY." (Emphasis supplied). 26

During the trial, Sonia clung tenaciously to her story and testified that it was during the second gun report that he saw Lug-aw shot her father. Sonia testified as follows:

Q You said while you were at a lower place where your father was you heard a gun report, what did you do when you heard the gun report?chanrobles virtual law library

A We went uphill, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q When you were going uphill, what transpired?chanrobles virtual law library

A On the second time that he was shot we saw them, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And who were those whom you saw?chanrobles virtual law library

A Rogelio and Julio, sir.

xxx xxx xxx

Q You said you saw these persons who shot your father, who actually shot your father?chanrobles virtual law library

A Julio Lug-aw, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was your father doing at the time Julio Lug-aw shot your father?chanrobles virtual law library

A He was about to draw his bolo but the bolo was thrown away, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And how far were you at the time when you saw Julio Lug-aw shot your father?chanrobles virtual law library

A Four (4) meters, sir. (Emphasis supplied.) 27

In their attempt to discredit Sonia, the appellants pointed out that the normal reaction of a person to such a traumatic happening would be to flee. However, no hard and fast rule can be laid down with respect to the reaction of persons to the same situation. Running to one's father who has been shot to give him succor is equally a normal reaction of any daughter.chanroblesvirtualawlibrarychanrobles virtual law library

The failure of the defense to attribute any ill motive on the part of Sonia in order to pin responsibility on the appellant adds more credence to her testimony. In fact, both appellants admitted before the court that there was no reason for Sonia to testify against them. Indeed, it is inconceivable for a
13-year-old who barely finished third grade to impute a very serious offense on anyone unless it were true. If she were merely fabricating her testimony, she would have broken down during the intensive cross-examination at the stand. Al contrario, as observed by the trial court, Sonia was "natural in her manners" and testified "straight forwardly."chanrobles virtual law library

Her positive identification of the accused as the perpetrators of the crime demolished their alibi and denial. Even standing alone, such positive sole testimony is enough basis for conviction. 28Thus, even if we lend credence to defense's claim that the victim's widow, Carmen, prevaricated as shown by the fact that she allegedly tried to recant after the termination of the trial, Sonia's testimony suffices as a basis for a finding of guilt. Noteworthy is the fact that, unlike her daughters Sonia and Carina, Carmen was not an eyewitness.chanroblesvirtualawlibrarychanrobles virtual law library

Hence, it is principally from Sonia's testimony that we conclude that the crime committed was not murder but homicide. The qualifying circumstances of treachery and evident premeditation had not been proven beyond reasonable doubt. The trial court drew the conclusion of the presence of treachery because the attack was sudden as Pal-loy was simply going about his task of fencing his kaingin. We find however, that no one witnessed the initial attack. As Sonia herself testified, she heard the first shot, went up a hill, climbed a tree and from there, saw Lug-aw shooting her father with the shot reverberating as the second gun report. Nowhere do we find in the records any evidence that she witnessed the first shot nor how her father reacted to it. What she did see was her father trying to repel the assault with a bolo but he failed because a second shot hit him. As this Court held in People v. Castor, 29where the lone eyewitness was not able to observe the commencement of the assault, he could not, therefore, testify on how it all began and developed. Citing United States v. Perdon 30and United States v. Pangilion, 31the Court held in the Castor case that absent any particulars as to the manner in which the aggression commenced or how the act resulted in the death of the victim unfolded, treachery cannot be appreciated to qualify the killing to murder.chanroblesvirtualawlibrarychanrobles virtual law library

Similarly, the records are bereft of evidence that the crime was committed with evident premeditation. The three requisites of this aggravating circumstance, namely, the time when the offender determined to commit the crime, an act manifestly indicating that the culprit has clung to his determination and a sufficient lapse of time between the determination and execution to allow the accused opportunity to reflect upon the consequences of his act, 32are wanting in the case at bar. Evident premeditation was, therefore, incorrectly appreciated by the trial court. 33chanrobles virtual law library

While the guilt of Lug-aw, the gunwielder, has been established beyond reasonable doubt, the complicity of his companion, Bannay, is open to question. As regards his participation in the crime, Sonia testified as follows:

Q At the time Julio Lug-aw shot your father, what was the other accused Rogelio Bannay also doing at that time?chanrobles virtual law library

A He was hiding, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you notice if he has a firearm?chanrobles virtual law library

ATTY. FLORES -

Objection.

FISCAL FERNANDEZ - chanrobles virtual law library

Q What did you notice to (sic) Rogelio Bannay when he was hiding?chanrobles virtual law library

A None, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And what was the participation of Rogelio Bannay if any in connection with the shooting of your father?chanrobles virtual law library

A None, sir.chanroblesvirtualawlibrarychanrobles virtual law library

COURT - chanrobles virtual law library

Q (To the witness) But he was there near Julio Lug-aw?chanrobles virtual law library

A Yes, Your Honor. 34

Additionally, Sonia stated that after Lug-aw shot her father, Bannay followed him in running away. 35Bannay's presence at the scene of the crime was also proven by the victim's declaration that Bannay and Lug-aw were his assailants. While these circumstances and utterances may prove Bannay's presence at the scene of the crime, unless conspiracy is proven, these do not, by themselves, indicate criminal culpability. The quantum of evidence required for a finding that Bannay was in conspiracy with Lug-aw has not been met. Conspiracy, as with any other ingredient of the offense, must be proved as indubitably as the crime itself through clear and convincing evidence and not merely by conjecture. As such, proof beyond reasonable doubt is required. 36chanrobles virtual law library

There is conspiracy when two (2) or more persons come to an agreement concerning the commission of a felony and decide to commit it. 37Direct proof, however, is not essential to prove conspiracy. It may be shown by acts or circumstances from which maybe logically inferred the existence of a common design among the accused to commit the offense charged; it may likewise be deduced from the mode and manner in which the offense was perpetrated. 38To extricate himself from criminal liability, the conspirator must have performed an overt act to dissociate or detach himself from the unlawful plan to commit the felony. 39chanrobles virtual law library

There is no evidence that Bannay shared Lug-aw's criminal intent. Thus, although he did not do anything in contravention of the supposed conspiracy, his mere passive presence at the scene of the crime did not make him liable therefor. 40Moreover, the prosecution failed to show other facts and circumstances, aside form Bannay's presence near Lug-aw as the latter committed the dastardly act and following Lug-aw as he ran away, from which a community of interest and design between the two may be construed. The prosecution's weakness in this respect cannot be taken against Bannay. We should take into account the doctrine that, in case of doubt as to the culpability of an accused, it should be resolved in accordance with the presumption of innocence.chanroblesvirtualawlibrarychanrobles virtual law library

Homicide under Art. 249 of the Revised Penal Code is punishable by reclusion temporal. In the absence of any aggravating or mitigating circumstances, the penalty imposable is the medium degree of reclusion temporal. 41Applying the Indeterminate Sentence Law, the penalty that should be imposed on Lug-aw is ten (10) years and one (1) day of prision mayor maximum as minimum penalty to seventeen (17) years and four (4) months of reclusion temporal medium as maximum penalty. Pursuant to the latest jurisprudence, Lug-aw shall indemnify the heirs of Carlos Pal-loy in the amount of fifty thousand pesos (P50,000.00).chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, appellant Julio Lug-aw is hereby found guilty beyond reasonable doubt of homicide under Art. 249 of the Revised penal Code for killing Carlos Pal-loy and he shall serve the indeterminate sentence of ten (10) years and one (1) day of prision mayor maximum as minimum penalty to seventeen (17) years and four (4) months of reclusion temporal medium as maximum penalty, and indemnify the heirs of Carlos Pal-loy in the amount of fifty thousand pesos (P50,000.00). Appellant Rogelio Bannay is hereby ACQUITTED of the crime charged and he shall be released from custody immediately. No costs.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Feliciano, Bidin, Melo and Vitug, JJ., concur.

Endnotes:


1 TSN, July 23, 1987, pp. 17-18.chanrobles virtual law library

2 TSN, August 24, 1987, pp. 3-10.chanrobles virtual law library

3 Ibid., pp. 12-15.chanrobles virtual law library

4 TSN, July 23, 1987, pp. 12-22.chanrobles virtual law library

5 Ibid, pp. 16-17 & 26.chanrobles virtual law library

6 Record, p. 5.chanrobles virtual law library

7 Ibid, p. 4.chanrobles virtual law library

8 Exh. "A".chanrobles virtual law library

9 Record, p. 1.chanrobles virtual law library

10 Ibid, pp. 21 & 23.chanrobles virtual law library

11 Ibid, pp. 34-35.chanrobles virtual law library

12 Ibid, p. 37.chanrobles virtual law library

13 Ibid, p. 100.chanrobles virtual law library

14 TSN, July 12, 1988, pp. 2-8.chanrobles virtual law library

15 TSN, July 6, 1988, pp. 2-12.chanrobles virtual law library

16 TSN, April 7, 1988, pp. 2-6.chanrobles virtual law library

17 TSN, May 12, 1988, pp. 3-5.chanrobles virtual law library

18 Presided by Judge Carlos T. Aggabao, RTC Branch XXXII, Cabarroguis, Quirino.chanrobles virtual law library

19 Record, p. 301.chanrobles virtual law library

20 Record, p. 312.chanrobles virtual law library

21 Ibid, p. 314.chanrobles virtual law library

22 Ibid, p. 320.chanrobles virtual law library

23 People v. Galendez, G.R. Nos. 56465-66, June 26, 1992, 210 SCRA 360.chanrobles virtual law library

24 Appellant's Brief, pp. 6-8; Rollo, pp. 82-84.chanrobles virtual law library

25 G.R. No. 76743, May 22, 1992, 209 SCRA 232, 243-244.chanrobles virtual law library

26 Exh. "C"; Record, pp. 14-15.chanrobles virtual law library

27 TSN, August 24, 1987, pp. 4-5.chanrobles virtual law library

28 People v. Fagyan, G.R. No. 90197, May 22, 1992, 209 SCRA 275.chanrobles virtual law library

29 G.R. No. 93664, December 11, 1992, 216 SCRA 410, 422.chanrobles virtual law library

30 4 Phil. 141 (1905).chanrobles virtual law library

31 34 Phil. 786 (1916).chanrobles virtual law library

32 People v. Balatuan, G.R. Nos. 93805-06, February 7, 1992, 206 SCRA 81.chanrobles virtual law library

33 People v. Competente, G.R. No. 96697, March 26, 1992, 207 SCRA 591.chanrobles virtual law library

34 TSN, August 24, 1987, pp. 9-10.chanrobles virtual law library

35 Ibid, p. 15.chanrobles virtual law library

36 People v. Donato, G.R. No. 94530, March 6, 1992, 207 SCRA 125.chanrobles virtual law library

37 Art. 8, Revised Penal Code.chanrobles virtual law library

38 People v. Pama, G.R. No. 90297-98, December 11, 1992, 216 SCRA 385, 401.chanrobles virtual law library

39 People v. De Los Reyes, L-44112, October 22, 1992, 215 SCRA 63.chanrobles virtual law library

40 People v. Garcia, G.R. No. 94187, November 4, 1992, 215 SCRA 349.chanrobles virtual law library

41 Art. 64 (1), Revised Penal Code.




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