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* FIRST DIVISION.
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PANGANIBAN, J.:
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fore
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the Regional Trial Court (RTC) of Cebu City, Branch
7, five amended Informations charging four John Does,
who were later identified as Rolusape Sabalones, Artemio
Timoteo Beronga, Teodulo Alegarbes and Eufemio
Cabanero, with two counts of murder and three counts of
frustrated murder. The Informations are quoted hereunder:
That on the 1st day of June, 1985, at 11:45 oclock in the evening,
more or less, at Mansueto Village, Bulacao, Municipality of
Talisay, Province of Cebu, Philippines, and within the jurisdiction
of this Honorable Court, the abovenamed accused, conspiring,
confederating and mutually helping one another, armed with
highpowered firearms, with intent to kill and treachery, did then
and there wilfully, unlawfully and feloniously attack, assault and
shoot GLENN TIEMPO, who was riding [i]n a jeep and who gave
no provocation, thereby inflicting upon the latter several gunshot
wounds, thereby causing his instantaneous death.
CONTRARY TO Article 248 of the Revised Penal Code.
2) Criminal Case No. 9258 for murder:
That on the 1st day of June, 1985 at 11:45 oclock in the evening,
more or less at Mansueto Village, Barangay Bulacao,
Municipality of Talisay, Province of Cebu, Philippines, and within
the jurisdiction of this Honorable Court, the abovenamed
accused, conspiring, confederating and mutually helping one
another, armed with highpowered firearms, with intent to kill
and treachery, did [then] and there wilfully, unlawfully and
feloniously attack, assault and shoot ALFREDO NARDO, who
was riding on a jeep and who gave no provocation, thereby
inflicting upon the latter several gunshot wounds, thereby
causing his instantaneous death. CONTRARY TO Article 248 of
the Revised Penal Code.
That on the 1st day of June, 1985 at 11:45 oclock in the evening,
more or less, at Mansueto Village, Barangay Bulacao, Munici
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That on the 1st day of June, 1985 at 11:45 oclock in the evening,
more or less, at Mansueto Village, Barangay Bulacao,
Municipality of Talisay, Province of Cebu, Philippines, and within
the jurisdiction of this Honorable Court, the abovenamed accused
conspiring, confederating and mutually helping one another,
armed with highpowered firearms, with intent to kill and
treachery, did then and there wilfully, unlawfully and feloniously
attack, assault and shoot ROGELIO PRESORES, who was riding
in a car and who gave no provocation, thereby inflicting upon the
latter the following injuries, to wit:
gunshot wound, thru and thru right chest
thereby performing all the acts of execution which would
produce the crime of [m]urder as a consequence but which,
nevertheless, did not produce it by reason of causes independent
of the will of the perpetrator, i.e. the timely medical attendance.
IN VIOLATION of Article 248 of the Revised Penal Code.
That on the 1st day of June, 1985 at 11:45 oclock in the evening,
more or less, at Mansueto Village, Barangay Bulacao,
Municipality of Talisay, Province of Cebu, Philippines, and within
the
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from [the] waist up, the gunmen wore clothes. (pp. 2123; 1316;
33, ibid.)
After firing at the jeep, the assailants shot the car they were
riding[,] hitting Nelson Tiempo on the throat and Rogelio Presores
on the breast. Despite the injury he sustained, Nelson Tiempo
was able to maneuver the car back to their residence. (pp. 1719,
ibid.) He immediately informed Maj. Tiempo about the incident
and the lat[t]er brought the victims to the Cebu Doctors Hospital.
(p. 20, ibid.)
Rogelio Presores corroborated in substance the testimony of
Edwin Santos, being one of those who were in the car driven by
Nelson Tiempo to the residence of Stephen Lim. (pp. 46, tsn, Aug.
14, 1987)
He further testified that when the jeep driven by Alfredo
Nardo with Rey Bolo and Glenn Tiempo as passengers arrived at
the front gate of Lims residence and while their car was 3 meters
from the rear end of the jeep, there was a volley of gunfire. He
glanced at the direction of the gunfire and saw the jeep being fired
at by four persons, who were standing behind a concrete wall, 42
inches in height, and armed with long firearms. Thenceforth, he
saw Alfredo Nardo, Glenn Tiempo and Rey Bolo f[a]ll to the
ground. (pp. 67, ibid.)
He recognized accused, Rolusape Sabalones, as one of those
who fired at the jeep. He also identified in Court accused, Teodulo
Alegarbes, Timoteo Beronga and another person, whom he
recognized only through his facial appearance. (pp. 78, ibid.)
When the shots were directed [at] their car[,] they were able to
bend their heads low. When the firing stopped, he directed Nelson
Tiempo to back out from the place. As the latter was maneuvering
the car, the shooting continued and he was hit in the breast while
Nelson Tiempo, in the neck, and the windshield of the vehicle was
shattered. (p. 10, ibid.)
Arriving at the house of Maj. Tiempo, they were brought to
Cebu Doctors Hospital. He and Nelson Tiempo were operated on.
He had incurred hospital expenses in the sum of P5,412.69, (Exhs.
I, K). (pp. 1112, ibid.)
Ladislao Diola, Jr., [m]edico[l]egal [o]fficer of the PC Crime
Laboratory, Regional Unit 7 stationed at Camp Sotero Cabahug,
Cebu City remembered having performed a postmortem
examina
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was again shot at[,] [and hit] in the left scapular region. He was
still able to reach the road despite the injuries he sustained and
tried to ask help from the people who were in the vicinity but
nobody dared to help him, [they] simply disappeared from the
scene, instead. (pp. 89, ibid.)
He took a passenger jeepney to the city and had himself
treated at the Cebu Doctors Hospital, and incurred medical
expenses in the sum of P9,000.00. (p. 9, ibid.) He was issued a
Medical Certificate, (Exh. N) by his attending physician.
Dr. Miguel Mancao, a [p]hysician[s]urgeon, recalled having
attended [to] the victims, Nelson Tiempo, Rey Bolo and Rogelio
Presores at the Cebu Doctors Hospital on June 2, 1985. (pp. 78,
11, 14, tsn, May 30, 1989)
Nelson Tiempo sustained gunshot wound[s] in the neck and in
the right chest but the bullet did not penetrate the chest cavity
but only the left axilla. He was not able to recover any slugs
because the same disintegrated while the other was thru and
thru. The wound could have proved fatal but the victim
miraculously survived. As a consequence of the injury he
sustained, Nelson Tiempo permanently lost his voice because his
trachea was shattered. His only chance of recovery is by coaching
and speech therapy. He issued his Medical Certificate. (Exh. O).
(pp. 811, ibid.)
With regard to the patient, Rey Bolo, the latter suffered
multiple gunshot wounds in the left shoulder penetrating the
chest and fracturing the 2nd, 3rd, and 4th ribs in the process, in
the right hand fracturing the proximal right thumb and in the
mouth lacerating its soft tissues, per Medical Certificate, (Exh.
N) which he issued. (pp. 1116, ibid.)
Based on the trajectory of the bullet, the gunman could have
been in front of the victim, when gunshot wound No. 1 was
inflicted. (p. 30, ibid.)
With respect to the patient, Rogelio Presores, the latter
suffered [a] gunshot wound in the chest with the wound of
entrance in the right anterior chest exiting at the back which was
slightly lower than the wound of entrance. He issued the victims
Medical Certificate, (Exh. M). (pp. 3435, ibid.)
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Based on the location of the wound, the gunman could have been
in front of the victim but [o]n a slightly higher elevation than the
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latter. (pp. 3536, ibid.)
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Roger Denia, who informed them that there was no case filed
against the accused. Nevertheless, the latter was advised to be
careful and consult a lawyer.
Inocencia Sabalones, mother of accused, Roling Sabalones,
narrated that on March 12, 1986 at past 10:00 oclock in the
evening, she was roused from sleep by a shout of a man
demanding for Roling Sabalones.
Upon hearing the name of her son, she immediately stood up
and peeped through the door of her store and saw men in fatigue
uniforms carrying long firearms. Thenceforth, these men boarded
a vehicle and left.
On the following morning, she was again awakened by the
persistent shouts and pushing of the gate. When she verified, the
man who introduced himself to her as Maj. Tiempo, ordered her to
open the gate. Once opened, the men of Maj. Tiempo entered the
house and proceeded to search for Roling Sabalones, whom Maj.
Tiempo suspected to have killed his son and shot another to near
death. When she demanded for a search warrant, she was only
shown a piece of paper but was not given the chance to read its
contents.
Racquel Sabalones, wife of accused, Rolusape Sabalones,
maintained that on June 1, 1985 at 1:00 oclock in the afternoon,
she was at the wake of her brotherinlaw, Junior Sabalones, at
his residence in Bulacao, Talisay, Cebu.
At 11:00 oclock in the evening of the same day, together with
her 3 daughters as well as Marlyn Sabarita, Rose Lapasaran and
Gloria Mondejar, left the place in order to sleep in an unoccupied
apartment situated 30 meters away from the house where her
deceased, brotherinlaw, Junior, was lying in state, as shown in
the Sketch, (Exh. 7 and submarkings) prepared by her. They
brought with them a flashlight because the whole place was in
total darkness.
As they were about to enter the gate leading to her apartment
she noticed a sedan car coming towards them. She waited for the
car to come nearer as she thought that the same belong[ed] to her
friend, but the vehicle instead stopped at the corner of the road,
(Exh. 7F) and then proceeded to the end portion of Mansueto
Compound, (Exh. 7G). As it moved slowly towards the highway,
she rushed inside the apartment.
Few minutes later, she heard a burst of gunfire outside their
gate. She immediately gathered her children and instructed
Marlyn
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He did not deny the fact that he was hurt by the actuation of
the deceased for humiliating his father but it did not occur to him
to file a case or take any action against the deceased because he
was too busy with his business and with his work as a bet caller
in the cockpit.
He advised his father to stay in Bohol to avoid further trouble
because he knew that the latter would frequent the cockpit[,]
being a cockfight aficionado.
Likewise, during the burial, he was informed by a PC soldier,
Roger Capuyan, that he was also a suspect in the killing of the
son of Maj. Tiempo and even advised him to leave the place.
On the following days after the burial, his wife started to
notice cars suspiciously parked in front of their house and [she]
also received mysterious calls.
Together with his wife, they decided to see Col. Apolinario
Castao to seek his advice. The latter verified from the Cebu
Metrodiscom and learned that there was no case filed against
him.
In the evening of June 6, 1985, he left for Iligan and after a
month, he transferred to Ozamis and then to Pagadian. He
likewise went to Manila especially when he learned that his
uncle, Samson Sabalones, had arrived from abroad. The latter
posted a bond for his temporary liberty immediately after being
informed that a case was filed against him, before the Municipal
Court of Talisay.
Despite xxx the bond put up by his uncle, he did not return to
Cebu City because it came to his knowledge that Maj. Tiempo
inquired from the bonding company as to his address.
He also stayed in Marikina in the house of his friend and
during his stay in the said place, he registered as a voter and was
issued a Voters Affidavit, (Exh. 19; Exh. R for the prosecution)
which bore the name Paciano Mendoza Laput which [was] his
baptismal name. He explained that the name[s] Mendoza and
Laput [were] the middle name and surname, respectively of his
mother. The name Rolusape was given to him by his father and
the same [was] not his registered name because during the old
days, priests would not allow parents to name their children with
names not found in the Almanac; thus, Paciano [was] his chosen
name and the same appeared in his Baptismal Certificate, (Exh.
20) issued by the Parish of the Blessed Trinity of Talibon, Bohol.
In his Birth Certificate, it [was] the name Rolusape which
appeared based upon the data supplied by his father.
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He had used the name Paciano during the time when he [was]
still a secret agent under his uncle, Gen. Russo Sabalones, when
the latter was still the [c]hief of the C2 in 1966 until 1967 and as
such, he was issued a firearm. He likewise used said name at the
time he was employed at the Governors Office in Agusan and
when he registered in the Civil Service Commission to conceal his
identity to protect himself from those who were after him.
From Marikina he proceeded to Davao and then to Butuan
City where he was made to campaign for the candidacy of Gov.
Eddie Rama. When the latter won in the election, he was given a
job at the Provincial Capitol and later became an agent of the PC
in Butuan using the name, Paciano Laput.
During his stay in Butuan, he met Virgie Pajigal, a manicurist
who became his livein partner.
On October 23, 1988 while he was at the Octagon Cockpit in
Butuan with Sgt. Tambok, he was arrested by Capt. Ochate and
was brought to the PC Headquarter[s] in Libertad, Butuan City
and was detained. Among the papers confiscated from him was
his Identification Card No. 02888, (Exh. 21) issued by the PC
Command bearing the name Paciano Laput.
On October 26, 1988 he was taken from the City Jail by Capt.
Ochate and some soldiers, one of whom was Maj. Tiempo whom
he met for the first time.
On their way to Nasipit to board a vessel bound for Cebu City,
Maj. Tiempo made him lie flat on his belly and stepped on his
back and handcuffed him. He cried in pain because of his sprained
shoulder. A certain soldier also took his watch and ring.
Arriving in Cebu at 7:00 oclock in the morning, he and Virgie
Pajigal, who followed him in the boat, were made to board a
taxicab. Maj. Tiempo alighted in certain place and talked to a
certain guy. Thereafter, they were brought to the Reclamation
Area and were forced to go down from the vehicle but Virgie
Pajigal held him tightly. They were again pulled out of the taxi
but they resisted.
From the Capitol Building, they proceeded to CPDRC and on
their way thereto, Maj. Tiempo sat beside him inside the taxi and
boxed him on the right cheek below the ear and pulled his cuffed
hands apart.
At the Provincial Jail, he was physically examined by its
resident physician, Dr. Dionisio Sadaya, and was also
fingerprinted
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The Issues
12
In his Brief, Appellant Sabalones raised the following
errors allegedly committed by the trial court:
The court a quo erred in finding that accused Sabalones and his
friends left the house where his brother Sabalones Junior was
lying in state and went to their grisly destination amidst the
dark and positioned themselves in defense of his turf against the
invasion of a revengeful gang of the supporters of Nabing Velez.
II
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11 The case was deemed submitted for resolution on August 29, 1997, upon
receipt by the Court of the confirmation of the detention of Appellant Beronga at
the National Bilibid Prisons.
12 Brief of AccusedAppellant Sabalones before the CA, pp. 3, 8, 21, 29 and 39,
signed by Atty. Pedro L. Albino.
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People vs. Sabalones
III
IV
The court a quo erred in holding that the instant case is one
of aberratio ictus, which is not a defense, and that the defense of
alibi interposed by the accused may not be considered.
The court a quo erred in not finding that the evidence of the
prosecution has not overcome the constitutional presumption of
innocence in favor of the accused.
VI
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13 CA rollo, p. 78.
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COURT:
Q You stated there was a gun fired. What happened next?
WITNESS:
A There was a rapid fire in succession.
Q When you heard this rapid firing, what did you do?
A I tried to look from where the firing came from.
Q After that, what did you find?
A I saw persons firing towards us.
Q Where were these persons situated when they were
firing towards you?
A Near the foot of the electric post and close to the cem
ented wall.
Q This electric post, was that lighted at that moment?
A Yes, sir, it was lighted.
Q How far were these persons firing, to the place where
you were?
A From here to there (The witness indicating the distance
by pointing to a place inside the courtroom, indicating a
distance of about 6 to 7 meters, making the witness
stand as the point of reference).
Q Were you able to know how many persons fired towards
you?
A I only saw 3 to 4 persons.
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CocaCola Bottlers Philippines, Inc. v. CA, 229 SCRA 151, January 27,
1994.
18 TSN, April 7, 1987, pp. 1317.
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VOL. 294, AUGUST 31, 1998 783
People vs. Sabalones
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19 TSN, December 19, 1988, pp. 2729.
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Positive Identification
Appellants allege that the two witnesses could not have
properly identified the appellants because, after the first
burst of shooting, they both crouched down, such that they
could not have seen the faces of their assailants. This
contention does not persuade. Both eyewitnesses testified
that the firing was not continuous; thus, during a lull in
the firing, they raised their heads and managed a peek at
the perpetrators. Edwin Santos testified as follows:
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Atty. Albino:
Q So, what did you do when you first heard that one shot?
A So, after the first shot, we looked towards the direction
we were facing and when we heard 21
the second shot, that
was the time we stooped down.
He further testified:
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20 TSN, August 7, 1987, p. 10.
21 TSN, October 15, 1987, p. 6.
22 TSN, January 26, 1989, p. 14.
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Atty. Kintanar:
Q Now, as a cutter, what instruments do you usually use
in cutting the electrical connection of a certain place?
Canete:
A Pliers and screw driver.
Q Does it need xxx very sophisticated instruments to
disconnect the lights?
A No, these are the only instruments we use.
Q Ordinary pliers and ordinary screw driver?
A Yes, sir.
Q And does [one] need to be an expert in electronic [sic] in
order to conduct the disconnection?
A No, sir.
Q In other words, Mr. Canete, any ordinary electrician can
cut it?
A That is if they are connected with the Visayan Electric
Company.
Q What I mean is that, can the cutting be done by any
ordinary electrician?
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A Yes, sir.
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30 TSN, April 20, 1990, p. 6. This was quoted in the CA Decision, pp. 20
21; CA rollo, pp. 224225.
31 TSN, April 20, 1990, p. 4.
32 CA Decision, p. 18; CA rollo, p. 222.
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VOL. 294, AUGUST 31, 1998 789
People vs. Sabalones
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42
killing of the victims or when the confession of the co
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killing of the victims or when the confession
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of the co
accused is corroborated by other evidence.
Berongas extrajudicial statement is, in fact,
corroborated by the testimony of Prosecution Witness
Jennifer Binghoy. Pertinent portions of said testimony are
reproduced hereunder:
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VOL. 294, AUGUST 31, 1998 793
People vs. Sabalones
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44 TSN, November 28, 1988, pp. 520.
794
Alleged Inconsistencies
Appellants also allege that the prosecution account had
inconsistencies relating to the number of shots heard, the
interval between gunshots and the victims positions when
they were killed. These, however, are minor and
inconsequential flaws which strengthen, rather than
impair, the credibility of said eyewitnesses. Such harmless
errors are indicative of truth, not falsehood, and do not cast
serious doubt on the46 veracity and reliability of
complainants testimony.
Appellants further claim that the relative positions of
the gunmen, as testified to by the eyewitnesses, were
incompatible with the wounds sustained by the victims.
They cite the testimony of Dr. Ladislao Diola, who
conducted the autopsy on Glenn Tiempo. He declared that
the victim must necessarily be on a higher level than the
assailant, in the light of the path of the bullet from the
entrance wound to where the slug was extracted. This
finding, according to appellant, negates the prosecutions
account that the appellants were standing side by side
behind a wall when they fired at the victims. If standing,
appellants must have been on a level higher than that of
the occupants of the vehicles; if beside each other, they
could not have inflicted wounds which were supposed to
have come from opposite angles.
We are not persuaded. The defense presumes that the
victims were sitting still when they were fired upon, and
that
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Atty. Kintanar:
Q: Upon being informed by these occupants who were
ambushed and [you] were able to return the car, what
did you do?
Major Tiempo:
A: I immediately got soldiers and we immediately
proceeded to the area or to the place where my fallen
son was located and when we reached x x x the place, I
saw myfallen son [in] a kneeling position where both
knees [were] touching the ground and the toes also and
theforehead was touching towards the ground. (TSN,
Feb.12, 1988, p. 6)
796
hiding place when they first fired, but this is not important.
They were present at the crime scene, and they were
shooting their rifles at the victims.
Aberratio Ictus
Appellants likewise accuse the trial court of engaging in
conjecture in ruling that there was aberratio ictus in this
case. This allegation does not advance the cause of the
appellants. It must be stressed that the trial court relied on
the concept of aberratio ictus to explain why the appellants
staged the ambush, not to prove that appellants did in fact
commit the crimes. Even assuming that the trial court did
err in explaining the motive of the appellants, this does not
detract from its findings, as affirmed by the Court of
Appeals and sustained by this Court in the discussion
above, that the guilt of the appellants was proven beyond
reasonable doubt.
In any event, the trial court was not engaging in
conjecture in so ruling. The conclusion of the trial court and
the Court of Appeals that the appellants killed the wrong
persons was based on the extrajudicial statement of
Appellant Beronga and the testimony of Jennifer Binghoy.
These pieces of evidence sufficiently show that appellants
believed that they were suspected of having killed the
recently slain Nabing Velez, and that they expected his
group to retaliate against them. Hence, upon the arrival of
the victims vehicles which they mistook to be carrying the
avenging men of Nabing Velez, appellants opened fire.
Nonetheless, the fact that they were mistaken does not
diminish their culpability. The Court has held that
mistake in the identity of the victim carries the same
gravity 48as when the accused zeroes in on his intended
victim.
Be that as it may, the observation of the solicitor general
on this point is welltaken. The case is better characterized
as
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48 People v. Pinto, Jr., 204 SCRA 9, 31, November 21, 1991, per Fernan,
CJ; Calderon v. People, 96 Phil. 216 (1954); People v. Esteban, 103 SCRA
520, March 30, 1981.
797
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798
798 SUPREME COURT REPORTS ANNOTATED
People vs. Sabalones
Flight
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VOL. 294, AUGUST 31, 1998 799
People vs. Sabalones
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800
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801
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60 People v. Cayabyab, 274 SCRA 387, June 19, 1997; People v. Dones,
254 SCRA 696, 710, March 13, 1996.
61 TSN, February 12, 1988, p. 9.
62 Ibid., p. 11.
63 Id., p. 12.
802
802 SUPREME COURT REPORTS ANNOTATED
People vs. Sabalones
803
VOL. 294, AUGUST 31, 1998 803
Allied Banking Corporation vs. Court of Appeals
o0o