G.R. No. 62359. November 14, 1991
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RODOLFO BRAGAES, NESTOR NUMERON AND GEMINA FESTIN, DEFENDANTS-APPELLANTS.
FERNAN, C.J.:
Common-law husband and wife Nestor Numeron and Gemina Festin as
well as Rodolfo Bragaes all originally appealed from the decision of September
3, 1982 of the then Court of First Instance of Romblon[1] the
dispositive portion of which reads:
“WHEREFORE, premises considered, the Court finds accused
Rodolfo Bragaes and Nestor Numeron guilty beyond reasonable doubt, as
co-principals, of the offense of murder, and each is sentenced to serve the
penalty of Reclusion Perpetua; to severally indemnify the heirs of the late
Gabriel Fetalino in the amount of Twelve Thousand Pesos (P12,000.00),
Philippine Currency, without subsidiary imprisonment in case of insolvency; and
each to pay one-third of the costs.
“Accused Gemina Faner-Festin is also found guilty beyond
reasonable doubt, as accomplice, of the same offense, and she is sentenced to
suffer imprisonment of Six (6) Years and One (1) Day of Prision Mayor, as
minimum, to Twelve (12) Years and One (1) Day of RecluÂsion Temporal, as
maximum; to severally indemnify the heirs of the same deceased in the same
amount, without subsidiary imprisonment in case of insolvency; and to pay
one-third of the costs.
“IT IS SO ORDERED.”[2]
During the pendency of this appeal, however, Nestor Numeron filed
an “urgent motion to withdraw appeal.”[3] The
motion was granted by the Court in the resolution of August 31, 1983.[4]
Entry of judgment pursuant to said resolution was thereafter made.[5]
Hence, the instant appeal is only with respect to defendants-appellants Rodolfo
Bragaes and Gemina Festin.
The information for murder
filed with the lower court on January 26, 1981 states that in the poblacion of
the municipality of Calatrava, province of Romblon, Bragaes alias Dupong, Numeron alias Mindanao Boy and Gemina
Festin all conspired to kill Gabriel Fetalino and at 5:00 o’clock in the afternoon of February 24, 1980, with
treachery and evident premeditation, they assaulted him with a knife locally
known as a “balisong”
thereby inflicting on him a mortal
wound which directly and immediately caused his untimely death.[6]
At their arraignment, all three
accused pleaded not guilty to the crime charged.[7] It should be noted, however, that during the
preliminary investigation before the Municipal Circuit Court of San
Andres-Banton-Calatrava, Bragaes pleaded guilty to the crime charged although he
contended that there was no evident premeditation,
no conspiracy among them nor was he
induced by his co-accused to kill the victim.[8]
During the trial,[9] the prosecution established that Bragaes was employed in Numeron’s operation
of a “peryahan”
gambling called “pula-puti” or “indian target.” He
lived in the house Numeron shared with
his common-law wife
Gemina in Calatrava.
According to prosecution
eyewitness Cecilia Servañez, a teacher, at around 5:00 o’clock in the afternoon of February 24, 1980, while she was on her way home, she observed a group of people
gathered near the gate of the Calatrava High School. She was informed that
Gabriel Fetalino had been boxed by Numeron and that the two were
pacified by Ludovico Famorcan and Enoc Fajutag. Upon learning that Gemina and Numeron had gone home, she followed them
as she used to be the
teacher of Gemina. When she was near their house, she heard Gemina shouting, “Yawa sida asi ging parogo-an ro akot anak,
yawa!”[10]
When she saw that Numeron was about to go back to Fetalino, Cecilia said, “Tama na, Nestor, nalaman
kong nasuntok mo na si Nong
Ambi.â Numeron replied, âAh, hindi naman ako natatakot kahit isa lang ako may mga alalay din ako.” Since Gemina was still
shouting, Cecilia tried to reason with her and asked, “Bakit pinaiinit mo ang
asawa mo?â Gemina replied, “Asi
gani ging parogo-an ang ako it anak maado pang magkamatay kita tanan.” (Why did they cause blood [to
flow from] my son? It’s better that they all die.)[11]
As Cecilia was trying to pacify Gemina and Numeron, she saw Bragaes went up the stairs. Gemina, Numeron and
Bragaes then had a conversation for around ten minutes. Afterwards, Bragaes went down the house, proceeded to the intersection of the
street and faced the north so that he could see Numeron who was sitting on the
window sill of their house. Just then,
Cecilia saw Fetalino walking towards the direction of Bragaes. Upon seeing Fetalino,
Numeron jumped from the window, pulled a knife, opened it and walked towards
the direction of Fetalino. Numeron
held the knife with his right hand and
signalled Bragaes by crossing
his left hand over his neck. Bragaes acknowledged the signal by nodding his head.[12]
Upon seeing the signal, Cecilia shouted, “Rayagan Tang Ambe,
rayagan!” (Run, Tang Ambe, run!) Fetalino looked towards Numeron and when
he saw that Numeron had a knife,
Fetalino turned clockÂwise making himself abreast with Bragaes. Fetalino proceeded towards the gate of the
Calatrava High School and there, Bragaes thrust his right hand towards the back
of Fetalino. Then, “with a normal
face,” Bragaes returned to the house of Gemina. Gemina was then at the foot of the stairs of the house. As Bragaes went up the stairs, he handed
“something long” to Gemina while saying, “Ito na ang ibinigay mo
sa akin kanina, itago mo.” To Numeron, who was the last to go upstairs,
Bragaes said, “Bay, tana, sinaksak ko dahil sa sinyas mo, patay âyon wag
ka nang bumaba.â Upon hearing this, Cecilia ran to where Fetalino was. She found him unconscious and bleeding from
the stab wound.[13]
Fidel Falqueza, who was then in the house of his daughter,
corroborated Cecilia’s testimony. Falqueza saw that Gemina and Fetalino had an argument because the latter
slapped Gemina’s son after he allegedly did something which Fetalino asked him
not to do. Numeron was then sitting by
the gate of the school and when he saw that Gemina and Fetalino were arguing,
he approached them and hit Fetalino twice with his fist. The protagonists were separated by Ludovico
Famorcan and Enoc Fajutag.[14]
After Gemina and Numeron had gone home, Falqueza saw Cecilia
Servañez went to the house of the couple. Cecilia pacified Numeron telling him that he had done enough as he had
punched Fetalino. Gemina then asked why
blood was let out of her son. At that
moment, Falqueza saw Bragaes passing by on his way to Gemina’s house where
Bragaes stayed with Gemina and Numeron for about five minutes.[15]
Later, Bragaes went
to the middle of the road which was about twelve meters from Gemina’s house. As Fetalino was walking to the church,
Numeron, while holding a knife, jumped out of the window. Cecilia shouted at Fetalino, exhorting him
to run. Numeron then made a sign by
passing his pointed finger across his throat. Bragaes saw the sign and nodded.[16]
Fetalino ran to the gate of the high school but Bragaes overtook
him, pushed Fetalino with his left hand and, with his right hand, stabbed him
when they were a mere half meter from each other. Taken aback, Fetalino turned
to Bragaes and said, “Why did you stab me when you are not involved in
this quarrel?” Falqueza saw that Bragaes used a yellowish knife which he
later inserted in his waist pocket. Then Bragaes walked towards the house of Gemina.[17]
Bragaes and Numeron were apprehended immediately after the
commission of the crime by the mayor and the police. Gemina, who was then pregnant with Numeron’s child, was not
detained although she accompanied the
two to the municipal hall. Numeron and
Bragaes did not confess to the commission of the murder[18] but they executed a joint waiver of their
right to be released after the maximum period of detention for their “own
safety.”[19] When asked as to the whereabouts of the
death weapon, Numeron allegedly said that it was in the possession of
Gemina. The knife was retrieved from the top of the aparador in Gemina’s house.[20]
Fetalino, 59 years old, postmaster and community leader, was brought to the Romblon
Provincial Hospital where he expired at around 12:30 in the early hour of
February 25, 1980. His death
certificate shows that he died of massive hemorrhage resulting from a stab
wound at the right side of his back.[21]
Sometime in June, 1980,
Patrolman Allan Famini intercepted an envelope containing two letters addressed
to Violeta Montesa. Both letters were
signed by Bragaes. The letter for
Violeta, allegedly his girlfriend, stated that he was prepared to reveal
everything at the trial as he was not afraid to die while telling the truth and
even falsehoods about Numeron (“x x x at lahat lahat ng kanyang gawain ipagtatapat ko rin at malalaman mo rin pagdating ng aming bista hindi ako natatakot mamatay na
magsabi ng katutuhanan kahit pa kasinungalingan nakahanda ako sa lahat
ng oras sa kanya x x x.”)[22] In
his letter to Gemina, Bragaes warned her not to declare in court that Numeron did not jump from the window otherwise
Bragaes would implicate her (“x x x huwag kang magsabi na si Nestor ay
hindi tumalon sa bintana kapag sinabi
mong hindi tumalon ay tiyak na kasama ka x x x.”)[23]
For the defense, Gemina admitted that she had an altercation with
Fetalino because when she asked him why he slapped her son Michael, Fetalino
replied that he could afford to pay for Michael’s treatment. Having seen them quarrelling, Numeron boxed
Fetalino but they were pacified by several persons. Gemina denied having seen Cecilia Servañez in the vicinity or
that Cecilia followed her and Numeron to their house.[24]
Upon reaching home, Numeron sat on the bench by the window while
Gemina went to the kitchen to prepare supper. Then she heard Mayor Fortu and some policemen calling for Dupong
(Bragaes). She went to the sala and
inquired from the mayor why they were looking for Dupong. The mayor replied that they were arresting
Dupong for killing Tang Ambi. The
police arrested not only Dupong but also Numeron. Gemina followed them when they were taken to the municipal jail.[25]
During the investigation,
the police looked for the knife. Gemina
told the investigating officer that the knife (“balisong”) was on top
of the aparador in her house. Patrolman
Sixon then got the knife and
brought it back to the municipal building. Gemina, however, denied having given the knife to Bragaes nor that the
latter had handed it to him. She had never
seen it much more taken possession of it.[26]
According to Gemina,
Bragaes was not really a partner of Numeron in operating the
“pula-puti” game because Bragaes was working for a certain Aling Rita. However, the two were âgood
to one anotherâ and treated each other
as brothers.[27] Gemina admitted that Numeron jumped out of
the window “before Mayor Fortu appeared”[28] but later in her testimony, she also
admitted that her testimony that Numeron jumped out of the window was the tenor of her
conversation with Bragaes in jail which conversation was reflected in Bragaesâ letter to her.[29]
Gemina swore that it was
actually Bragaes who told the police that the knife was on top of the aparador.[30] She was not the one who placed the knife
where it was found for it was not even the place for keeping utensils.[31] She asserted that she did not know
who killed Fetalino because during the
incident, she was inside her house. She
denied having ordered Numeron to kill Fetalino. In fact, she even asked Bragaes why he stabbed Fetalino when what
happened between her and Fetalino
was “a very small thing.” Bragaes allegedly could not answer her.[32]
Numeron admitted having boxed Fetalino because the latter, after
saying that he could afford to pay Numeron, struck him with a broom. He corroborated Gemina’s testimony that her
son Michael was slapped by Fetalino but added that Fetalino suspected that the
boy had spilled the palay of Fetalino.[33]
Like Gemina, Numeron denied having seen prosecution witness
Cecilia Servañez in the area. According
to him, upon reaching home, he requested Gemina to prepare food. When Gemina went to the kitchen, he sat on
the bench near the window. Then he
heard someone call him and as he
stood and placed his hand on the window shutter, he was stoned by Federico
Mirabete. His upper arm was hit. So, carrying a knife, he jumped out of the
window to demand an explanation from Mirabete.[34] Upon
reaching the ground, he picked up a
stone but Mirabete stoned him once again and ran to his own home. Numeron then went up the house and closed
the windows. He did not leave the house
until the mayor and the police arrived.[35]
Before Numeron closed the door of the house, Bragaes, who came
from the cockpit, entered. Bragaes went
to the room and sat on the bed. Then
Numeron heard the mayor asking Gemina where Dupong was. Gemina replied that Dupong was in
Tan-agan. The mayor then asked for
Numeron.[36]
According to Numeron, after he and Fetalino had exchanged blows, he ran to the concrete wall to
prevent being attacked from the back. When Gemina approached him, he held her by her shoulders and used her as
a shield as several persons were
attacking him.[37]
After he had gone up the house, he heard people shouting that Tata Ambi was
wounded (“Tang Ambi nabuno”) from the vicinity of the high
school. He heard the commotion after
Bragaes had arrived in their house.[38]
Numeron asserted that Bragaes pleaded guilty during the
preliminary investigation because policeman Falogme had threatened him with a
gun and even civilians were able to maltreat him. He, however, did not advise Bragaes to execute an affidavit on his alleged maltreatment. Asked whether the reason why Bragaes owned
the killing was his promise to
him that should Bragaes plead guilty thereby exculpating him and Gemina, Bragaes
would get P5,000, Numeron swore that he never made that promise.[39]
For his part, Bragaes admitted that he stayed with Numeron and
Gemina for half a month. During the
time that he stayed with them he was employed by Numeron on commission basis in
the latter’s gambling operation. In the
afternoon of February 24, 1980, he was in the cockpit. On his way to the house of Gemina, he saw
several people on the street. Suddenly, the people scampered away. He felt somebody bump him from behind. He made a side-step and came face to face with Numeron. He asked Numeron what happened but instead
of answering him, Numeron dragged him towards Gemina’s house and told him to go
up.[40]
Gemina was in the
house wiping blood from the chin of her child. Numeron then locked the windows of the house while he went inside the room and sat on the
bed. In a little while, the house was
stoned. He remained seated on the bed
until he heard the mayor calling him. Numeron told him to go down and as soon as he did, a man with an armalite ordered him to put
his hands up. Then he and Numeron were bodily searched but they
found nothing from them.[41]
He and Numeron
were taken to the municipal hall where someone took off his trousers and put him in jail. While in jail, Numeron
threw a cigarette butt at him while he was lying in bed and when he looked at
Numeron, the latter made a sign with his
index finger across his neck while saying, “yari na.” When he asked Numeron what he meant, Numeron answered that the man he (Numeron) had chased was dead.[42]
Bragaes said that he pleaded guilty in the municipal circuit court because policeman Allan Famini, a
nephew of Fetalino, threatened to kill him.[43]
While admitting that Violeta Montesa was his girlfriend, Bragaes at first
denied having written the two letters
which the prosecution had presented in evidence.[44] Later, however, he admitted that the
letters were his.[45]
On cross-examination, Bragaes insisted that he did not know who killed Fetalino. He denied having discussed with Numeron and Gemina
that Fetalino should be killed.[46] He
described Numeron as a robber and a
killer but he admitted that he acquiesced to plead guilty to the crime because
he believed that Numeron was capable of securing twenty thousand pesos within
a week from his release from
detention.[47]
After trial, the court
rendered the aforementioned decision convicting the three accused for the crime
of murder. Citing People vs.
Lanza,[48]
it ruled out the aggravating
circumstance of evident premeditation in view of the incident preceding the
stabbing and the absence of persistence of criminal intent. However, the trial court found that
treachery was proven beyond reasonable doubt because Fetalino, who was unarmed,
was suddenly and unexpectedly attacked from behind with a deadly weapon.
Although the trial court
ruled that there was conspiracy
among the three accused, on the strength of the ruling in People vs.
Nierra,[49]
it considered Gemina as only an
accomplice ruling that her role in the perpetration of the crime was “of a minor character.”
In his appeal, Bragaes
assails the credibility of the prosecution witnesses and asserts that the lower
court erred in finding conspiracy and treachery in the commission of the
crime. Gemina, on the other hand,
hinges her appeal on the sole issue of whether or not she conspired with
Numeron and Bragaes in the killing of
Fetalino.
Bragaes asserts that the
testimonies of the three prosecuÂtion witnesses so differ that “it cannot
be determined with moral certaintyâ if indeed he stabbed Fetalino citing
specifically the testimony of Cecilia Servañez that it was Numeron whom
Fetalino faced first. Bragaes insists
that said testimony collides with the respective testimonies of Falqueza and
rebuttal prosecution witness Fontevillar Arriola that Fetalino was being chased by Bragaes when he was hit and that Fetalino was
stabbed “as he was just passing by.”[50]
Whatever inconsistencies
are apparent from said testimonies, they are minor ones that do not
consequently discredit the witnesses.[51] It
should be noted that the
witnesses were not so situated in the
same spot that they would have a single point of view. On the contrary, their testimonies prove
that indeed they were present during the incident and, inspite of the
confusion, excitement and horror of what they were witnessing, they were able
to reveal in court what they saw albeit from different angles.[52]
It is immaterial that witnesses Cecilia Servañez
and Allan Famini are related to Fetalino because their testimonies, indeÂpendent
of the relationship, are not inherently improbable in themselves. Neither is there proof that they were
charged with improper motives to incriminate the appellants.[53]
Moreover, with respect to eyewitness
Cecilia Servañez, her testimony was corroborated not only by Falqueza but also
by rebuttal witness Arriola.
Bragaesâ contention that he
was merely in the scene of the crime as the people were scampering away
is a drawback rather than a buttress to his defense. To succeed as a
defense, alibi, which is the weakest of defenses and the easiest to fabricate,
must be propped up not only by proof that the accused was at some other place
at the crucial time but that it was physically impossible for him to have been at the crime scene.[54]
Add to this is the fact that Bragaes was positively identified as the one who
stabbed Fetalino. As a matter of law,
positive identification prevails over an alibi.[55]
Treachery was correctly considered by the trial court as a
circumstance which attended the killing. Fetalino, who knew that Numeron had an ax to grind against him, clearly
acted on the belief that he was running away from knife-wielding Numeron. He did not anticipate that death would come not from the hands of Numeron, but
those of Bragaes. This is reflected in Fetalino’s
reaction when he realized he had been wounded: he asked Bragaes why he stabbed him when they had no quarrel. As Fetalino was totally unprepared for the
unexpected attack from his back and having no weapon to resist it, the stabbing
cannot but be considered as treacherous.[56] The
presence of treachery qualified the killing of Fetalino to murder under Article
248 of the Revised Penal Code.
There was conspiracy
between Numeron and Bragaes. Even
without direct evidence of their criminal agreement, conspiracy may be inferred
from their joint acts toward a common purpose.[57] Although Bragaes tried to exculpate himself
by passing the buck to Numeron, his own testimony clearly reveals the veracity
of the prosecution version of the commission of the crime. Thus, on cross-examination, the following
facts were elicited from him:
“Q. To summarize then, Nestorio (sic) Numeron
made a sign of cutting his throat with his
forefinger and then Gabriel Fetalino bumped you at the back and
immediately followed by Nestorio Numeron passing in front of you whereupon you
pushed Nestorio Numeron and when Gabriel Fetalino passed by you he was already
wounded and dropped near the school gate of Calatrava High School, is that not the sequence of your
answer?
x x x x x x x x x.
“A. Yes, sir.” (TSN, May 12, 1982, pp.
58-59).
That Bragaes would put in
execution Numeron’s signal to him is explained by the fact that, although he
denied it in court, he was beholden to Numeron who had not only employed him
but had taken him in his own abode. As
Bragaes himself expressed in his letter to Violeta,[58] she was right in telling him that he
harbored the wrong belief that he should
give his life to someone in the name of friendship (” x x x tama ang sabi
mo na mali ang aking katuwiran na ang buong buhay ko ay ibibigay ko lamang sa
isang kaibigan alang alang sa pakikisama x x x “). Bragaesâ distorted expression of gratitude
however, seemed not to have entirely satisfied Numeron who still offered him
P5,000 while they were detained just so Numeron and his paramour would be
cleared of the murder charge. It is not
surprising then that during their detention their friendship turned into
animosity that Bragaes was prepared to tell lies in order to pin responsiÂbility
for the murder of Fetalino on Numeron.
We cannot, however, agree
with the trial court that Gemina was part of the conspiracy. The evidence at hand from which her being a
conspirator may be inferred, consists of Cecilia Servañezâs testimony that
after the fistfight between Numeron and Fetalino, Gemina conferred for ten
minutes with Numeron and Bragaes. Admitting that the conversation was inaudible from her position outside of Gemina’s house, Cecilia failed
to divulge what the three were talking about.
Mere knowledge,
acquiescence to or approval of the act without cooperation or agreement to
cooperate, is not enough to constitute one a party to a conspiracy absent the
intentional participation in the act with a view to the furtherance of the
common design and purpose.[59] It should be observed that during the
incident which started from the time Numeron jumped out of the window until
Bragaes stabbed Fetalino, there was no evidence on what Gemina did to pursue whatever the accused allegedly
discussed inside her house. Gemina only entered the scene when, after the stabbing of Fetalino, she
was seen by Cecilia standing by the stairs of her own house.
The alleged handing of the death weapon of Bragaes to Gemina,
being uncorroborated, may not be given the evidentiary weight that may
prejudice Gemina. This case should be distinguished from People
vs. Madali[60]
wherein the Court considered the wife of the accused policeman as an
accomplice. In said case, Annie Madali
performed positive acts of participaÂtion in
the shooting incident by beaming her flashlight at the victims so that
her husband could take a good aim and warning her husband of the presence of
other persons in the vicinity. In the
instant case, however, there is no proof that Gemina handed Bragaes the death
weapon before the commission of the crime. The uncorroborated testimony of Cecilia Servañez that as Bragaes gave
Gemina the knife, he said “Ito na ang ibinigay mo sa akin kanina, itago
mo” may not be considered as proof beyond reasonable doubt that Gemina in
fact gave Bragaes the knife to be used in stabbing Fetalino.
We are not blind to the fact that it was Gemina’s boisterous
quarrel with Fetalino which triggered the chain of events leading to Fetalino’s
murder. However, the evidence at hand
are simply not adequate to overcome the presumption that Gemina was innocent of
the crime charged.
WHEREFORE, insofar as Rodolfo Bragaes is concerned the
decision of the lower court imposing the penalty of reclusion perpetua is hereby AFFIRMED subject to the modification
that he shall indemnify the heirs of
Gabriel Fetalino in the amount of P50,000 instead of P12,000. For lack of proof beyond reasonable doubt
that she conspired with Rodolfo Bragaes and Nestor Numeron in the murder of
Gabriel Fetalino, Gemina Faner-Festin is hereby ACQUITTED. No costs.
SO ORDERED.
Gutierrez, Jr., Bidin, Davide, Jr., and Romero, JJ., concur.
[1]
Presided by Judge Job B. Madayag.
[2]
Criminal Case No. 1034.
[3]
Rollo, p. 84.
[4]
Ibid., p. 142.
[5]
Ibid., p. 166.
[6]
Record, p. 49.
[7]
Ibid., p. 59.
[8]
Ibid., pp. 30-31.
[9]
After the presentation of the first prosecution witness, the Romblon capitol building was razed to the ground on September
6, 1980. The records of the case
were thereafter reconstituted pursuant to Act No. 3110.
[10]
TSN, June 20, 1980, p. 5.
[11]
Ibid., p. 6.
[12]
Ibid., pp. 6-9.
[13]
Ibid., pp. 9-12.
[14]
TSN, March 17, 1981, pp. 3-4.
[15]
Ibid., pp. 5-6.
[16]
Ibid., p. 7.
[17]
Ibid., pp. 8-12.
[18]
TSN, March 20, 1981, p. 22.
[19]
Exh. H.
[20]
TSN, March 20, 1981, p. 11.
[21]
Exh. A.
[22]
Exh. E or 2.
[23]
Exh. F or 3.
[24]
TSN, July 16, 1981, pp. 4-8.
[25]
Ibid., pp. 8-11.
[26]
Ibid., pp. 11-13.
[27]
TSN, July 17, 1981, pp. 9-10.
[28]
Ibid., p. 12.
[29]
Ibid., p. 14.
[30]
Ibid., p. 26.
[31]
Ibid., p. 50.
[32]
Ibid., pp. 28-29.
[33]
TSN, July 28, 1981, pp. 2-3.
[34]
Ibid., p. 47.
[35]
Ibid., pp. 4-6.
[36]
Ibid., pp. 33-36.
[37]
Ibid., pp. 38-39.
[38]
Ibid., pp. 42-44.
[39]
Ibid., pp. 44-46.
[40]
TSN, May 12, 1982, pp. 4-9.
[41]
Ibid., pp. 9-12.
[42]
Ibid., pp. 12-15.
[43]
Ibid., p. 16.
[44]
Ibid., pp. 18-21.
[45]
TSN, May 13, 1982, p. 27.
[46]
Ibid., pp. 2-5.
[47]
Ibid., pp. 8-9.
[48]
L-31782, December 14, 1979, 94 SCRA
613, 629.
[49]
L-32624, February 12, 1980, 96 SCRA 1, 15.
[50]
Brief, p. 5.
[51]
People v. Juanga, G.R. No.
83903, August 30, 1990, 189 SCRA 226.
[52]
See: People v. Eswan, G.R. No. 84713, June 4, 1990, 186 SCRA 174.
[53]
People v. Reception, G.R. No.
94127, July 1, 1991.
[54]
People v. Gupo, G.R. No. 75814, September 24, 1990, 190 SCRA 7.
[55]
People v. Reception, supra.
[56]
People v. Espinosa, G.R. No. 72883, December 20, 1989, 180 SCRA 393.
[57]
People v. Espinosa, supra;
People v. Sazon, G.R. No. 89684,
189 SCRA 700.
[58]
Exh. E.
[59]
Taer v. Court of Apeals, G.R.
No. 85204, June 18, 1990, 186 SCRA 598.
[60]
G.R. Nos. 67803-04, July 30,
1990, 188 SCRA 69.