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1 Decision, p. 13; Rollo, p. 27.

2 Id., p. 4 .

33 Per the Certificate of Death dated April 13, 1995 (Exh. H).

4 Records, p. 96. There were actually two pieces of evidence marked as Exh. E, the other being the affidavit of Alejandro de la Cruz.

5 Id., p. 8.

6 TSN, pp. 2-10, Sept. 4, 1995.

7 TSN, p. 5, July 3, 1996.

88 Id., pp. 5-8.

9 TSN, pp. 2-14, Oct. 18, 1995.

10 Records, pp. 3-4.

11 TSN, pp. 2-7, Jan. 17, 1996.

12 Id., pp. 7-15.

13 TSN, pp. 2-8, Feb. 14, 1996.

14 Id., pp. 9-10.

15 TSN, pp. 1-12, June 5, 1996..

16 Records, p. 5.

17 TSN, pp. 12-15, June 5, 1996.

18 TSN, pp. 1-10, Oct. 14, 1996.

19 He spelled his surname as Abenda in his affidavit, dated April 14, 1995 (Records, p. 6). He and accused-appellant have the same mother.

20 TSN, pp. 13-29, Oct. 14, 1996.

21 TSN, pp. 2-5, Dec. 11, 1996.

22 Id., pp. 6-11.

23 Appellants Brief, p. 1; Rollo, p. 38.

24 RTC Decision, pp. 10-11; Id., pp. 24-25.

25 TSN, pp. 12-13, Oct. 18, 1995.

26 269 SCRA 95 (1997).

27 Id., at 116.

28 TSN, p. 6, Sept. 4, 1995. (Emphasis added)

29 CONST., Art. III, 12 provides:

(1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or the preceding section shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violation of this section as well as compensation to and rehabilitation of victims of torture or similar practices and their families.

30 TSN, p. 12, Oct. 18, 1995.

31 Id., p. 13.

32 177 SCRA 129 (1989).

33 Accused-appellant contends that the shirt (Exh. G) presented by the prosecution does not match the description given by Christopher Saliva both in his sworn statement (Exh. D) and his testimony in court. According to accused-appellant, the shirt presented by the prosecution (Exh. G) is a T-shirt which has yellow and gray stripes, while Christopher Saliva said the shirt which accused-appellant was wearing was not a T-shirt but a polo shirt and its stripes are blue and yellow. As the Solicitor General says, however, the difference in the colors could simply be due to difference in perception. Indeed, the Court has examined the shirt in question and what to some may appear to be faded blue stripes may to others look like gray stripes. As to whether the shirt is a T-shirt, as described in the testimonies of SPO3 Gomez and Barangay Captain Manimbao, or a polo shirt, as Saliva said is simply a question of perception. The fact is that it had a collar and, therefore, it can be a polo shirt. But it can also be considered a T-shirt with a collar.

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