SUPREME COURT DECISIONS

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Endnotes:


1 Signed by Assistant City Prosecutor Victoria C. Yap.

2 Rollo, p. 5; records, p. 1.

3 Records, pp. 28 & 30.

4 Penned by Judge Diosdado Madarang Peralta.

5 Rollo, p. 26.

6 The case was deemed submitted for decision upon receipt by this Court of the Appellees Brief on January 29, 1999. The filing of a reply brief was deemed waived, as none was submitted by the appellants within the reglementary period.

7 The Appellees Brief was signed by Solicitor General Ricardo P. Galvez, Assistant Solicitor General Azucena R. Balanon-Corpuz and Associate Solicitor Sarah Jane T. Fernandez.

8 Signed by Atty. Roel A. Pacio.

9 Appellants Brief, pp. 12-14; rollo, pp. 48-50.

10 RTC Decision, p. 5; rollo, p. 23.

11 Ibid.

12 Ibid. p. 6.; rollo, p. 24.

13 Ibid., p. 6; rollo, p. 24.

14 Appellants Brief, pp. 14-15; rollo, pp. 50-51.

15 People v. Sabalones, et al., GR No. 123485, August 31, 1998; People v. Cawaling et al., GR No. 117970, July 28, 1998; People v. Molina et al., GR Nos. 115835-36, July 22, 1998; People v. Albao and Oleno, GR No. 117481, March 6, 1998; People v. Oliano, GR No. 119013, March 6, 1998; People v. Quinao, 269 SCRA 1997; People v. Ocsimar, 253 SCRA 689, February 20, 1996.

16 People v. Siguin, GR No. 126517, November 24, 1998, per Panganiban, J; People v. Barredo et al. GR No. 122850, October 7, 1998; People v. Layno, 264 SCRA 558, November 21, 1996;

17 TSN, February 24, 1997, pp. 13-1

18 TSN, February 24, 1997, p. 4.

19 Conducted by Atty. Rodolfo Marquez under the control and supervision of Prosecutor Rebecca Villanueva-Maala.

20 TSN, February 24, 1997, p. 4. Direct Examination of Loven Magtibay.

21 TSN, February 24, 1997, p. 10. Cross-examination of Loven Magtibay.

22 Ibid., p. 9.

23 Ibid., pp. 17-18.

24 Appellants Brief, p. 24; rollo, p. 60.

25 TSN, February 21, 1997, p. 16.

26 Bernard S. Malloy, Medical Dictionary for Lawyers, 2nd ed., p. 422.

27 TSN, February 21, 1997, pp. 16-17. Direct Examination of Dr. Florante Baltazar.

xxx xxx xxx

Q Will you know Doctor the position of the wound where the victim was shot by the accused? In what position was the accused ...

COURT

(to the Fiscal)

What you mean is that, can you tell the relative position of the assailant or assailants and the victim?

PROS. MAALA (to the Court)

Yes, your Honor.

A The relative position of the assailant could be at the back of the victim.

28 TSN, February 24, 1997, pp. 12-13.

29 Appellees Brief, pp. 12-13; rollo, pp. 102-103.

30 People v. Balmoria, GR No. 120620-21, March 20, 1998; People v. Baydo, 273 SCRA 526, June 17, 1997; People v. Datun, 272 SCRA 380, May 7, 1997; People v. Apongan, 270 SCRA 713, April 4, 1997; People v. Caritativo, 256 SCRA 1, April 1, 1996.

31 People v. Batidor, GR No. 126027, February 18, 1999; People v. Navarro, GR No. 129566, October 7, 1998; People v. Daraman, GR No. 126046, August 7, 1998; People v. Tulop, et al., GR No. 124829, April 21, 1998; People v. Obello, GR No. 108772, January 14, 1998; People v. Salcedo, 273 SCRA 473, June 17, 1997.

32 People v. Dela Cruz, GR No. 109619-23, June 26, 1998; People v. Pallarco, GR No. 119971, March 26, 1998; People v. Sumalpong et al., GR No. 124705, January 20, 1998; People v. Alas, 274 SCRA 310, June 19, 1997; People v. Santos, 270 SCRA 651, April 4, 1997; People v. Isleta, 264 SCRA 374, November 19, 1996.

33 People v. Lapay et al., GR No. 123072, October 14, 1998.

34 Article 8, Revised Penal Code.

35 People v. Andres, et al., GR No. 122735, September 25, 1998; People v. Cawaling, et al., GR No. 117970, July 28, 1998; People v. Molina et al., GR Nos. 115835-36, July 22, 1998.

36 People v. Obello, GR No. 108772, January 14, 1998; People v. Nardo, 270 SCRA 672, April 4, 1997.

37 People v. Navarro, GR No. 129566, October 7, 1998; People v. Oliano, GR No. 119013, March 6, 1998; People v. Villamor et al., GR No. 111313-14, January 16, 1998; People v. Salcedo, 273 SCRA 473, June 17, 1997; People v. Sol, 272 SCRA 393, May 7, 1997.




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