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420 Phil. 849
FIRST DIVISION
[ G.R. No. 136017, November 15, 2001 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JERRY BANTILING, ACCUSED-APPELLANT.
D E C I S I O N
PUNO, J.:
Self-defense, like alibi, is a
defense which can easily be fabricated. Courts, knowing that in cases of indefensible homicide, the accused can
rely on it with facility, are not likely to be deceived by the fabricated claim
of the accused that he acted in self-defense.[1]
Before us on appeal is the
decision of the Regional Trial Court, Branch 32, of Iloilo City in Criminal
Case No. 37564 convicting accused-appellant Jerry Bantiling for the crime of
murder and sentencing him to suffer imprisonment of Reclusion Perpetua. He was indicted and tried under the
following Information:
“That on or about Feruary 2, 1992, in the Municipality of Balasan, province of Iloilo, Philipppines, and within the jurisdiction of this Court, the above-named accused armed with a .12 gauge homemade shotgun (pugakhang) and with decided purpose to kill, with treachery and evident premeditation, did then and there wilfully, unlawfully and feloniously attack, assault, shoot and hit one SEVERINO DAMASO inflicting upon the victim fatal gunshot wounds which caused his death thereafter.
CONTRARY TO LAW.”[2]
On being
duly arraigned, accused-appellant, assisted by counsel, pleaded not
guilty. Thereafter, trial ensued.
The prosecution’s version of how
the killing transpired was based mainly on the eyewitness account of Rolando
Damaso, the younger brother of the victim. He testified that on the evening of February 2, 1992, at about 9:30 PM,
he was walking with a certain Milmar Domingo on a road at Brgy. Tinggi-an. They were going home after a day’s work at
his farm located at Brgy. Quiasan. Their stroll was interrupted when they heard a sudden explosion. Almost instinctively, he lighted his
flashlight to where the sound came from. He saw accused-appellant shoot the victim with a pugakhang (shotgun)
aimed at the latter. Accused-appellant
then ran towards their house, shouting, “Cantoy, it is finished.” He was sure that it was his voice since they
oftentimes met, both of them being natives of Brgy. Tinggi-an, Balasan, Iloilo.
Cantoy is the elder brother of accused-appellant. According to Rolando, he ran away after witnessing the
crime. Fear enveloped him since he
noticed that accused-appellant was with his brothers. He too was afraid that accused-appellant might also shoot him. It
turned out that Milmar Domingo was likewise scurrying next to him. The two rushed straight to the victim’s
house, where they met his wife (Edna) and children. They related to her the shocking news. Edna demanded to see the
body of her husband. They immediately
proceeded to the scene of the incident. To their astonishment, the body was not there. So they went to the house of the Barangay Captain Genaro Ceracado
and sought his help in finding it. The
official readily obliged and accompanied them to the place. When they arrived, there was already a
police patrol car on the site. This
time, they saw the body of the victim inside the fenced yard of
accused-appellant. Rolando entered it together
with a policeman and the Barangay Captain. Edna was fainting so they brought
her back to her house. That very
evening, pictures of the body were taken. He identified these pictures.
The testimony of Rolando was
corroborated by Edna Damaso, the wife of the deceased. She narrated how the calmness of her night
was disturbed by the tragic news about her spouse. Between the hours of 9:00 and 10:00 in the evening of February 2,
1992, while resting at their house at Brgy. Tinggi-an, her brother-in-law,
Rolando, together with Milmar Domingo, unexpectedly pounded on their door. They told her the heartbreaking story that
her husband was shot to death by accused-appellant. Upon her urging, they immediately revisited the place where the
victim was killed. To their
stupefaction, the dead body was no longer within the vicinity of the area. They headed to the house of the Barangay
Captain to seek his help. They again
went back, this time with the Captain, to the killing spot. Upon their return, they met several police
officers who informed them that the body of her spouse was found inside the
fenced yard of accused-appellant. Unfortunately, she was not able to get even a glimpse of her dear
husband since she was taken back to their home. Edna, in addition, testified on the pecuniary damages they
suffered. She stated that she spent P21,960.00
for the wake and burial of the deceased. His untimely death brought sadness and grief to an otherwise happy
marriage and family. She estimated that
her husband can harvest palay with a net income of P40,000.00 for
four hectares in one year for only one cropping. Lastly, she agreed to pay for the services of their private
prosecutor for the amount of P23,000.00.
Dr. Brade Galo, a government
physician, conducted a general physical examination on the dead body at
Tinggi-an, Balasan, Iloilo on February 3, 1992. His Postmortem Findings disclose that the victim suffered 11
gunshot wounds located at the left lateral and posterior area of his body. According to him, all the wounds were
directed towards the left lung and below the left lung, which when hit by a
bullet would suffice to cause a person’s death. In his opinion, the point of the gun had been fired from the rear
of the victim, rear left side of the body. The firearm used in the shooting, from what he heard, was a .12 gauge
shotgun locally known as pugakhang.
A member of the local Philippine
National Police force, Norberto Macheco, declared that in the evening of
February 2, 1992, Apolinario Bantiling, the father of accused-appellant
surrendered to him a .12 gauge homemade shotgun and ammunition, but not without
first informing him that his son shot an unidentified man using the
firearm. He noticed that Apolinario
seemed to be telling the truth based on his observation that he was not nervous
at all and appeared to be his normal self.
The Chief Investigator of the
Balasan Police Station, Balasan, Iloilo, SPO3 Melanio Jordan, stated that in
connection with the incident, he conducted an ocular inspection of the crime
scene. He found two sets of blood stains
in different locations: one, inside the fenced yard of accused-appellant at the
exact point where the dead body of the victim was lying; and another, outside
the yard, on the barangay road. He then
prepared a sketch of the crime scene where the said bloodstains were denoted by
red dots.
In a bid to exonerate himself,
accused-appellant claims that he accidentally shot the victim in
self-defense. The defense presented
three witnesses, including himself.
It first called to the stand,
Constancio Bantiling, who works and stays at the farm of accused-appellant in
Brgy. Tinggi-an. On the evening of
February 2, 1992, at about 8:00, he and accused-appellant went to the house of
the latter’s parents, Apolinario and Arsenia Bantiling, to eat their supper. They carried their own flashlights. They stayed in the parent’s house for
approximately an hour before deciding to leave. While walking back home, they heard the sound of a firearm being
cocked. He directed his flashlight to
where the sound came from. He saw a
person, with his head bowed, and whom he did not recognize, holding a
firearm. He whispered to
accused-appellant to make a dash after the gun failed to fire. Upon reaching the house of
accused-appellant, they sat on the edge of the fence and tried to observe the
person who had the firearm. He then
heard the fence crack. It turned out
that the armed person was trying to break in. When he lighted his flashlight towards the person, he saw him stumble. When the person was about to stand up, he
ordered accused-appellant to run to him and seize the firearm. Accused-appellant immediately did as he was
told. He proceeded to the armed man
(who has yet to stand up) and tried to grab from him the firearm. While the two were grappling for its
possession, the gun suddenly exploded. Accused-appellant fell down. The
armed attacker likewise fell with his face down on the ground. It turned out that the person was hit. He was able to recognize him as the
victim. According to Constancio, he
told accused-appellant to go back with him at the house of his parents since
the victim possibly may have some companions, who similarly might attempt to
kill them. When they arrived at the
house, accused-appellant placed the firearm on a table and asked his father to
surrender it to the authorities. Constancio further recalled an incident prior to the fateful night of
February 2, 1992, involving the accused and the victim. A few days before, the carabao of the victim
attacked that of the accused, and the two fought. The former suffered injuries. The next day, the victim confronted accused-appellant and demanded from
him money for medicines. Accused-appellant refused insisting that “had not your carabao attacked
my carabao, your carabao would not have been wounded.” This, he remembered,
made the victim lose his cool.
Next to testify for the defense
was the accused-appellant himself, Jerry Bantiling, a resident of Brgy.
Tinggi-an, Balasan, Iloilo, a farmer and hog-raiser. His testimony essentially towed the line of Constancio’s version
of the incident. He stated that on the
evening of February 2, 1992, he and Constancio went to his parent’s house,
about half a kilometer away, to eat their dinner. They stayed there for at least an hour and by 9:30 in the evening
they were on the way home. According to
him, while they were walking on a dike going to his house, they suddenly heard
the clicking sound of a firearm. Both of them directed their flashlight to
where the sound came from. They then
saw a person in a crouching position holding a firearm, approximately two and a
half (2½) feet long. Constancio asked him to flee after the gun apparently
jammed. When they reached his house,
they decided to observe the person who had the firearm by the edge of the
fence. He then heard part of his fence
crack. It turned out that the armed
person was trying to break in. When he
lighted his flashlight towards the person, he saw him stumble. Constancio next
ordered him to seize the firearm. He
ran towards the person and grabbed the firearm with his two hands. In the course of their struggle, he
fell. Almost simultaneously, the gun
exploded. After picking himself up, he
focused his flashlight on the person lying on the ground with his face
down. He was able to identify that
person as the victim, Severino Damaso. He went straight to the house of his parents. There he revealed what happened, placed the gun on top of the
table, and asked his father to surrender it to the Municipal Hall of Balasan. Accused-appellant, moreover, admitted that
there was an incident which transpired involving their respective carabaos on
January 23, 1992. According to him, the
carabao of the victim, which got loose, attacked his carabao leading to a fight
between the two. It appears that the
carabao of the victim lost as it suffered more serious injuries. The very next morning, the victim demanded
from him money for medicines for the injured beast. He refused the demand reasoning that it was the former’s carabao
which attacked his. This made the
victim angry who warned him, “Be careful, you stupid, I will put a lug in your
head.” At that time, he did not mind
those words, until after two weeks when the shooting happened.
Finally, the defense presented
Apolinario Bantiling, the father of accused-appellant. He testified that on February 2, 1992, at
about 7:00 in the evening, his son and Constancio went to their house to take
their supper. The two went home only
after approximately one hour. After
they left, he went to bed. He was
roused from his sleep by accused-appellant who was carrying with him a pugakhang.
“Father, I grabbed this firearm from the possession of Severino Damaso,” was
what his son told him. Then, he and his
other son, Jimmy, went to the Municipal Building, where they turned over the
firearm to the policeman on guard, a certain Etok. Five minutes later, the Chief of Police arrived who allegedly
harassed him by asking him whether he owns the gun. He replied that it was grabbed from the victim by his son. The Chief apparently did not buy his story
and insisted that he admit ownership of the weapon. The police gave him a piece of paper and made him sign it. Thereafter, they locked him in jail and was
released only the next morning upon the arrival of accused-appellant.
In time, the trial court rendered
a decision convicting accused-appellant, the dispositive portion of which
states:
“WHEREFORE, the Court finds the accused Jerry Bantiling GUILTY of the crime of Murder as charged in the Information and hereby sentences him to suffer imprisonment of Reclusion Perpetua, there being no other mitigating or aggravating circumstances attendant to the commission of the crime.
Accused is likewise ordered to indemnify the heirs of the victim the sum ofP50,000.00 as a mandatory death indemnity;P21,960.00 as actual damages;P50,000.00 by way of lost earnings; andP20,000.00 as moral damages.
The one live ammo and one long firearm used in the commission of the crime are hereby forfeited in favor of the government.
The branch Clerk of Court is hereby directed to submit the same to the proper Office for proper disposal.
SO ORDERED.”[3]
Aggrieved with the verdict of
conviction, accused-appellant interposed the instant appeal. He has assigned the following errors in his
brief:
“I. The Trial Court gravely erred in not giving exculpatory weight to the defenses interposed by the accused-appellant.
II. The trial court gravely erred in giving full weight and credence to the incredible and inconsistent testimony of prosecution witness Rolando Damaso.”[4]
The appeal is devoid of merit. We
affirm the conviction, subject to modifications, which we will discuss below.
Of unbroken consistency in this
jurisdiction is the rule that when the accused has admitted that he is the
author of the death of the victim and his defense is anchored on self-defense,
it is incumbent upon him to prove this justifying circumstance to the
satisfaction of the court. This
circumstance he has to establish by clear and convincing evidence, the onus
probandi having shifted to him.[5] He must rely on the
strength of his own evidence and not on the weakness of the prosecution, for
even if the prosecution evidence is weak, it could not be disbelieved after the
accused himself admitted the killing.[6]
The trial court, after weighing
the evidence presented by both sides, did not find credence in the version of
the accused-appellant that he accidentally shot the victim in
self-defense. It found his account
highly improbable and unbelievable.
We agree. In the first place, the
physical evidence on record belie the contention of accused-appellant that the
shooting was accidental or that the fatal wounds were inflicted in the course
of a struggle to get possession of the gun. From the medical findings of Dr. Galo, it can be derived that the gun
was fired at level position. It was
fired from the rear of the victim, rear left side of his body. Likewise, the investigating police officer
who conducted the ocular inspection found two sets of blood stains in different
locations: one, inside the fenced yard of the accused-appellant at the exact
point where the dead body of the victim was lying; and another, outside the
yard on the barangay road. All these
should indicate that the deceased was actually waylaid on the road, before his
lifeless body was transported inside the fence.
More importantly,
accused-appellant’s attempt to impress upon us his theory of self-defense must
fail in light of the positive testimony of the eyewitness Rolando Damaso. The witness categorically narrated how he saw
accused-appellant shot the victim from behind on the barangay road, thus:
“ATTY. TEODOSIO: (to witness)
Q On the evening of Feb. 2/92 at about 9:30 more or less, where were you?
A We were walking on the road of Bgy. Tinggi-an proceeding home.
Q Who was your companion during that date and time?
A Milmar Domingo.
Q And from where did you come from?
A From my farm at Bgy. Quiasan.
Q While you were walking along that road in Bgy. Tinggi-an during that time, could you tell us if there was any unusual incident that happened?
A Yes, there was.
Q Could you tell us what was that incident about?
A While we were walking on the road there was a sudden explosion.
Q When you heard that explosion, what did you do?
A Because I was surprised I have my flashlight lighted.
Q And what did you see when your flashlight got lighted?
A I saw Jerry Bantiling shot Severino Damaso.
Q Do you know what weapon did you see used by Jerry Bantiling when you said him shot Severino Damaso.
A A homemade shotgun “pugakhang.”
Q What happened to Severino Damso when you saw him being shot by Jerry Bantiling?
A I saw him falling down.
Q About how far was Jerry Bantiling from you when you said you saw him shot Severino Damaso.
A Maybe about 15 meters.
Q And when you said about 15 meters meaning it was your estimate of the distance?
A Yes.
Q Now you said that Jerry Bantiling used a pugakhang or a homemade shotgun, when he shot Severino Damaso, how did Jerry Bantiling hold that shotgun when you saw him?
A He was aiming his shotgun to Severino Damaso (witness indicating that Jerry Bantiling was holding his shotgun with his left hand forward).
Q After you saw Jerry Bantiling shot Severino Damaso when you lighted your flashlight, can you tell us what did Jerry Bantiling do afterwards?
A He ran towards their house.
Q Now were you able to hear any voice at that time when he ran towards his house?
A I heard Jerry Bantiling (witness pointing to the accused Jerry Bantiling) saying “Cantoy it is finished.”
Q Who is this Cantoy?
A Cantoy is the elder
brother of Jerry Bantiling.”[7]
The trial court, in our opinion,
accurately calibrated the import of Rolando’s testimony when it opted to
believe him. To begin with, his
declarations on the stand were forthright, categorical, and spontaneous. Testimonies which are unequivocal,
forthright and replete with details are seals of self-authentication on their
credibility.[8]
Furthermore, no evil motive has
been proven against Rolando, or the other prosecution witnesses for that
matter, which might prompt them to testify falsely against the
accused-appellant.[9] When there is no showing
that the principal witness for the prosecution was actuated by improper motive,
the presumption is that he was not so actuated and his testimony is thus
entitled to full faith and credit.[10] On the contrary, the
earnest desire to seek justice for a dead kin is not served should the witness
abandon his conscience and prudence and blame one who is innocent of the crime.[11] While revenge is a normal
reaction of one who has lost a loved one, it does not follow that the desire to
avenge such loss would include implicating even innocent persons.[12] In other words, it is not
lightly to be supposed that a relative of the deceased would callously violate
his conscience to avenge the death of a dear one, by blaming it on persons whom
they believe to be innocent.[13] The fact that Rolando is
the victim’s brother even lends more credence to his testimony as his natural
interest in securing the conviction of the guilty would deter him from
indicting persons other than the culprits for otherwise the latter would gain
immunity.[14]
The alleged inconsistencies in the
testimony of Rolando cited by the accused-appellant are too inconsequential and
trivial to merit our attention. Minor
and insignificant inconsistencies tend to bolster, rather than weaken, the
credibility of the witness for they show that his testimony was not contrived
or rehearsed.[15] They do not rock the
pedestal upon which the credibility of the witness rests, but enhances
credibility as they manifest spontaneity and lack of scheming.[16] Well to point, even the
most truthful witnesses can sometimes make mistakes, but such minor lapses, do
not necessarily affect their credibility.[17]
To our mind, the aforestated
arguments raised by accused-appellant are factual in nature and boil down to
the credibility of the witnesses and their respective testimonies. The time-honored doctrine is that the
assessment of the credibility of witnesses and their testimonies is a matter
best undertaken by the trial court because of its unique opportunity to observe
the witnesses first hand and note their demeanor, conduct and attitude under
grilling examination.[18] The issue on which witness
to believe is one that should be best addressed by the lower court for the
findings of fact of a trial judge are accorded great respect and are seldom
disturbed on appeal for having the opportunity to directly observe the
witnesses, and to determine by their demeanor on the stand the probative value
of their testimonies.[19] Accused-appellant miserably
failed to advance any cogent reason for us to deviate in this case from this
established rule.
The invocation by
accused-appellant of accident deserves scant consideration. Under paragraph 4 of Article 12 of the
Revised Penal Code, a person, who while performing a lawful act with due care,
causes an injury by accident without fault or intention of causing it, is
exempt from criminal liability.[20] Having ruled, however, that
self-defense was not present, then it cannot be said that accused-appellant was
performing a lawful act.[21]
Be that as it may, all is not lost
for accused-appellant. It may be
recalled that the lower court convicted him for the crime of murder, attended
by the qualifying circumstance of treachery. Its sole basis in arriving at such a conclusion was the physical
finding that the mortal wounds were located at the back of the victim’s
body. This singular circumstance led it
to rule that Damaso was killed with treachery, thus:
“From this testimony of Dr. Galo regarding the location of the wounds that the point of the gun had been fired from the rear of the victim or rear left side of the body. The aggravating circumstance of the treachery can safely be concluded on the part of the assailants (sic).
According to the doctor the gun must have been fired from the rear of the victim, rear left side of the body. Furthermore, the doctor testified that the assailants (sic) was probably on the left rear side of the victim and the gun was at level with the victim.
From the pictures presented in court, the victim was lying face down to the ground showing that he must have been shot at the back. This in turn show treachery on the part of the assailants (sic).”[22]
That the victim sustained wounds
in the back is not sufficient in itself to prove treachery. The presence of treachery may not be simply
assumed from the mere fact that the fatal wounds were found at the back of the
deceased.[23] These wounds might have
been the last ones inflicted in order to finish the victim, or might have been
inflicted by accident, or inflicted in a frontal encounter.[24]
The essence of treachery is the
sudden and unexpected attack by an aggressor against an unsuspecting victim,
depriving the latter of any real chance to defend himself, thereby, ensuring
its commission without risk to the aggressor, sans the slightest provocation on
the part of the victim.[25] Where no particulars are
known as to the manner the aggression was made or how the act resulting to the
death of the victim, began and developed, it could not be established by mere suppositions
that the accused perpetrated the killing with treachery.[26] There must be conclusive
evidence that the person attacked had absolutely no opportunity to defend
himself much less retaliate and that the means of execution was deliberately
and consciously adopted by the accused.
Thus, treachery cannot be
appreciated where the lone eyewitness to the killing was not able to see how
the assault started.[27] The testimony of Rolando
Damaso offers no sufficient basis for reasonably inferring that treachery
attended the commission of the crime. Evidence on record does not adequately show the manner by which the
attack was carried out. What Rolando
only witnessed were the events subsequent to the firing of the shot, i.e., the
accused-appellant holding literally a smoking gun aimed at the fallen victim
and uttering the words, “Cantoy, it is finished.” At that juncture, the killing
of the deceased was already complete. Clearly, he was not able to see the commencement of the assault and
there is no way for him to know whether the accused-appellant was able to
deliberately adopt a sudden and unexpected method of attack which deprived the
victim of an opportunity to defend himself.
In light of our finding that
treachery cannot be appreciated to qualify the killing of the victim to murder,
we modify his criminal liability to the crime of homicide. Accordingly, we lower the penalty imposed
upon accused-appellant from reclusion perpetua to reclusion temporal in
its medium period, there being no aggravating or mitigating circumstance
attendant to the act. Applying the
Indeterminate Sentence Law, the minimum term is anywhere within the range of prision
mayor, or from six (6) years and one (1) day to twelve (12) years, and the
maximum within the range of reclusion temporal in its medium period, or
from fourteen (14) years, eight (8) months and one (1) day to seventeen (17)
years and four (4) months.
There is likewise the need to
modify the civil liability of accused-appellant. We deem it necessary to increase the award of moral damages from
twenty thousand pesos (P20,000.00) to fifty thousand (P50,000.00)
pesos, in accordance with existing jurisprudence.[28]
The amount of fifty thousand pesos
(P50,000.00) given to the heirs of the victim as indemnity for the latter’s
loss of earning capacity should similarly be augmented. The following factors should be considered
in determining the compensable amount of lost earnings: (1) the number of years
for which the victim would have otherwise lived; and (2) the rate of loss
sustained by the heirs of the deceased. Life expectancy is computed using the formula adopted in the American
Expectancy Table of Mortality or the Actuarial Combined Experience Table of
Mortality: 2/3 x (80 - age at death).[29] The rate of loss is arrived
at by multiplying life expectancy by the net earnings of the deceased, i.e.,
the total earnings less expenses necessary in the creation of such earnings or
income and less living and other incidental expenses.[30] The net earning is
ordinarily pegged at fifty percent of the gross earnings.[31]
Evidence on record reveals that
the victim was 50 years old at the time of his death. From the testimony of his wife, witness Edna Damaso, he was
making about P40,000.00 as net income in one crop year. This was not disputed by the defense. Thus, applying the formula above, the
accused-appellant should pay his heirs P800,000.00, as shown by the
following computation:
2/3 x (80 - 50 [age at the time of death]) = 20 (life expectancy)
20 xP40,000.00 (net annual income) =P800,000.00
Loss of earning capacity =P800,000.00.[32]
IN VIEW WHEREOF, the assailed Decision is hereby AFFIRMED with
modification. The accused-appellant is
found guilty of Homicide and an indeterminate sentence of ten (10) years of prision
mayor medium as minimum to fourteen (14) years, eight (8) months and one
(1) day of reclusion temporal medium as maximum is imposed upon
him. He is likewise ordered to pay the
heirs of the victim P50,000.00 as civil indemnity, P21,960.00 for
actual damages, P50,000.00 as moral damages, and P800,000.00 for
loss of earning capacity.
SO ORDERED.
[1] I Aquino, Revised
Penal Code 184 (1997 ed.).
[2] Information, Rollo,
p. 10.
[3] Decision, pp. 12-13;
Rollo, pp. 35-36.
[4] Brief for the
Accused-Appellant, p. 1: Rollo, p. 68.
[5] People v.
Alapide, 236 SCRA 555 (1994).
[6] People v.
Maceda, 197 SCRA 499 (1991).
[7] TSN, June 18, 1992,
pp. 3 - 4.
[8] People v.
Guarin, 259 SCRA 34 (1996).
[9] People v. Apawan,
262 SCRA 564 (1996).
[10] People v.
Hernandez, 304 SCRA 186 (1999).
[11] People v.
Realin, 301 SCRA 495 (1999).
[12] People v.
Baccay, 284 SCRA 296 (1998).
[13] See People v.
Gondora, 265 SCRA 408 (1996).
[14] People v.
Abria, 300 SCRA 565 (1998).
[15] People v.
Sagun, 303 SCRA 382 (1999).
[16] People v.
Cristobal, 252 SCRA 507 (1996).
[17] People v.
Reduca, 301 SCRA 516 (1999).
[18] People v.
Ombrog, 268 SCRA 93 (1997).
[19] People v.
Villanueva, 265 SCRA 216 (1996).
[20] “Art.
12. Circumstances which exempt from criminal liability.- The following are
exempt from criminal liability:
x x x
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.”
x x x."
[21] People v. Cario,
288 SCRA 404 (1998).
[22] Decision, p. 11; Rollo,
p. 34.
[23] People v.
Borreros, 306 SCRA 680 (1999).
[24] I Aquino, op.cit.,
403.
[25] People v. Vermudez,
302 SCRA 276 (1999).
[26] People v.
Real, 308 SCRA 244 (1999).
[27] People v.
Bautista, 312 SCRA 214 (1999).
[28] People v.
Panado, G.R. No. 133439, December 26, 2000.
[29] People v.
Villanueva, 302 SCRA 438 (1999).
[30] People v.
Reyes, 309 SCRA 622 (1999).
[31] People v. De
Vera, Sr., 308 SCRA 102 (1999).
[32] See People v.
Langit, G.R. Nos. 134757-58, August 4, 2000.