SUPREME COURT DECISIONS

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Endnotes:


1 Penned by Assisting Judge Nicodemo T. Ferrer, who was the acting presiding judge during the trial.

2 Rollo, pp. 7-8.

3 Rollo, p. 7.

4 Ibid., p. 9.

5 Ibid.

6 Ibid., p. 11.

7 Assisted by Atty. Rodolfo Samson.

8 2nd Assistant Provincial Prosecutor Federico G. Quinit handled the case for Illegal Possession of Explosive, while Private Prosecutor Conrado Soriano handled the case for Frustrated Murder under the supervision and control of Prosecutor Quinit.

9 Rollo, pp. 22-29; records pp. 225-232.

10 Decision, pp. 7-8; Rollo, pp. 28-29; records pp. 231-232.

11 Notice of appeal was filed on March 7, 1997 (records, p. 234). This case was deemed submitted for resolution after the Courts receipt of the Brief for the Appellee on January 29, 1999. The filing of a reply brief was deemed waived, as none was submitted within the reglementary period.

12 Signed by Solicitor General Ricardo P. Galvez, Assistant Solicitor General Mariano M. Martinez and Solicitor Fay L. Garcia.

13 Appellees Brief, pp. 6-9; Rollo, pp. 109-112.

14 Appellants Brief, pp. 8-9; Rollo, pp. 53-54. This was signed by Public Attorney IV Arceli A. Rubin, Public Attorney III Bartolome F. Reus and Public Attorney II Rogel F. Quijano of the Public Attorneys Office.

15 Spelled "Alberto" in the TSN.

16 "Brother" in the TSN.

17 Appellants Brief, pp. 7-8; Rollo, pp. 52-53.

18 Decision, pp. 5-7; rollo, pp. 26-28.

19 Appellants Brief, p. 1; Rollo, p. 46.

20 People v. Perucho, G.R. No. 128869, April 14, 1999, pp. 8-9 (citing several cases), per Panganiban J. See also Cosep v. People, 290 SCRA 378, May 21, 1998; People v. Meneses, 288 SCRA 95, March 26, 1998; People v. Lagao, 286 SCRA 610, February 27, 1998; People v. Gil, 284 SCRA 563, January 22, 1998.

21 The other eyewitness, Mardonio Tampico, was not presented during the trial.

22 See People v. Diaz, supra; People v. Perucho, supra; People v. Venerable, 290 SCRA 15, May 13, 1998; People v. Nio, 290 SCRA 155, May 19, 1998; Cosep v. People, 290 SCRA 378, May 21, 1998; People v. Meneses, 288 SCRA 95, March 26, 1998; People v. Albao, 287 SCRA 129, March 6, 1998.

23 This also appears in his sworn statement.

24 Ibid., p. 8.

25 TSN, September 20, 1993, pp. 5-8.

26 TSN, September 20, 1993, pp. 28-29.

27 TSN, October 15, 1993, p. 3.

28 TSN, October 15, 1993, pp. 5-6.

29 Appellees Brief, p. 19; Rollo, p. 122.

30 TSN, September 20, 1993, p. 8. (Emphasis ours.)

31 Appellees Brief, p. 8; Rollo, p. 111.

32 TSN, October 15, 1993, pp. 15-17. (Emphasis ours.)

33 Ibid., pp. 23-27. (Emphasis ours.)

34 Decision, p. 3; Rollo, p. 24.

35 TSN, September 20, 1993, pp. 10-11. (Emphasis ours.)

36 TSN, September 20, 1993, pp. 23-24. (Emphasis ours.)

37 TSN, September 20, 1993, p. 9.

38 TSN, September 20, 1993, pp. 19-20. (Emphasis ours.)

39 TSN, October 15, 1993, pp. 14-15.

40 See People v. Solis, 291 SCRA 529, June 29,1998.

41 Decision, p. 5; Rollo, p. 26.

42 Ibid., p. 7; Rollo, p. 28.

43 People v. Perucho, GR No. 128869, April 14, 1999, p. 17, citing People v. Llaguno, 285 SCRA 124, January 28, 1998 and People v. Paguntalan, 242 SCRA 753, March 27, 1995. See also Cosep v. People, supra; People v. Rugay, 291 SCRA 692, July 2, 1998; People v. Meneses, supra; People v. Manambit, 271 SCRA 344, April 18, 1997.

44 See People v. Meneses, supra.

45 See People v. Dela Rosa, 284 SCRA 158, January 16, 1998; People v. Albao, 287 SCRA 129, March 6, 1998.

46 The lower court ruled: The accused claimed that he hid thereat because he was afraid of the barangay captain who allegedly wanted to kill him. This may be so, but it may be that his fear was based on the sense of guilt xxx (emphasis ours)

47 288 SCRA 404, March 31, 1998 per Davide Jr., J (now CJ).

48 See People v. Furungganan, 193 SCRA 471, January 28, 1991; People v. Macatana, 161 SCRA 235, May 9, 1988; People v. Bulawin, 29 SCRA 710, September 30, 1969.

49 TSN, January 17, 1994, p. 13.

50 People v. Jubilag, 263 SCRA 604, 616, October 28, 1996, per Francisco, J. See also People v. Ferras, 289 SCRA 94, April 15, 1998; People v. Manambit, 271 SCRA 344, April 18, 1997.

51 People v. Perucho, supra., p. 18, per Panganiban, J. See also Cosep v. People, supra; People v. Gil, 284 SCRA 563, January 22, 1998.




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