SUPREME COURT DECISIONS

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Endnotes:


1 His co-accused, Januario dele Cruz was convicted by the Supreme Court in G.R. No. 84714 on October 5, 1990 [190 SCRA 328], while Ferdinand Punzalan is still at large.

2 Penned by Judge Santiago C. Maliwanag.

3 Decision, Rollo, p. 37.

4 Original Records (O.R.), p. 1.

5 O.R., p. 9.

6 Appellants Brief, Rollo, pp. 117-125.

7 This was never filed as shown by the absence of acknowledgment receipt by the military authorities on the copy of the application.

8 Decision, Rollo, p. 29.

9 People vs. Camat, 256 SCRA 52, p. 64; citing: People vs. San Gabriel, 235 SCRA 80; People vs. Bongadillo, 234 SCRA 233; People vs. Ornoza, 151 SCRA 495.

10 People vs. Enriquez, 281 SCRA 103, p. 114, citing: People vs. Gabris, 258 SCRA 663.

11 People vs. Camat supra, citing: People vs. Calope, 229 SCRA 413; People vs. Belibet, 199 SCRA 587.

12 People vs. Rubio, 257 SCRA 528, p. 534; citing: People vs. Radomes, 141 SCRA 458 and People vs. Amoncio, 122 SCRA 686.

13 T.s.n., p. 24, Direct examination of Reynaldo Pascasio, January 31, 1989.

14 People vs. Bustarde, 182 SCRA 554, p. 558.

15 People vs. Abrenica, 252 SCRA 54, p. 62, citing: People vs. Cabuang, 217 SCRA 675.

16 People vs. Batulan, 253 SCRA 52, p. 64; citing: People vs. Kipte, 42 SCRA 198; People vs. Macayan, et al., 126 SCRA 322; People vs. Saguban, 231 SCRA 744; People vs. Cabresos, 244 SCRA 362.

17 Two residence certificates dated October 19, 1987 (Exhibit 1) and August 29, 1986 (Exhibit 2); a duplicate copy of a ticket on the ship for Manila dated May 17, 1988 (Exhibit 3); a clearance from the Philippine Army in connection with his application as a trainee dated September 24, 1986 (Exhibit 4); Barangay Clearance from Poblacion Ilaya, Panitan, Capiz dated September 5, 1986 (Exhibit 5); Police Clearance issued on September 22, 1986 (Exhibit 7); Clearance from the Regional Trial Court of Roxas City dated September 23, 1986 (Exhibit 8); a Voters Affidavit dated November 28, 1987 (Exhibit 9); and Special Delivery Air Mail Envelopes postmarked: October 2, 1986 (Exhibit 11), October 30, 1987 (Exhibit 12), and November 25, 1987 (Exhibit 13).

18 Decision, Rollo, pp. 32-33.

19 Id., p. 32.

20 People vs. Gupo, 190 SCRA 7, p. 18; citing: People vs. Montealegre, 161 SCRA 700.

21 T.s.n., pp. 41 and 43, Cross-examination of Reynaldo Pascasio, February 21, 1989.

22 Sub-paragraph 16, Article 14, of the Revised Penal Code.

23 People vs. Dela Cruz, 190 SCRA 328, p.336; citing: People vs. Balansi, G.R. No. 77284, July 19, 1990.

24 Obosa v. Court of Appeals, 266 SCRA 281, p. 301; citing: Quemuel v. Court of Appeals, 130 Phil. 33, 35.

25 Decision, Rollo, p. 36.

26 People vs. Balisoro, G.R. No. 124980, May 12, 1999; citing: Del Rosario vs. Court of Appeals, 243 SCRA 600.

27 People vs. Balisoro, supra.




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