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Cortez and her brother Ricardo Sarno. So, he retired and took refuge in his own hut. Those inconsistencies, which are not glaring, strengthen their credibility and show that their testimonies were not coached nor rehearsed.

Girls that wanna fuck Balinciagao discrepancies may be attributed to deficiencies in observation and recollection, or misapprehension of the misleading and confusing questions during cross-examination, or to Later, Sarno saw his sister Flora, sitting inside her hut.

He followed her after she left the hut and went to see the defective translation of the questions and answers but they do not necessarily indicate a wilful attempt to her dead husband, who was lying on the ground, face up, at the base of the coconut tree. When he noticed commit falsehood People vs. Selfaison, Phil.

Resayaga, Girls that wanna fuck Balinciagao, December Single moms in Speonk New York,54 that his brother-in-law was already dead, he gathered his children and brought them to Sitio Biga, which was SCRA Ricardo reported the killing to the chief of police who went to the scene of the crime with some policemen and Constabularymen.

The controlling fact is that Mrs. Cortez and Sarno clearly Girls that wanna fuck Balinciagao consistently testified that they saw Sangalang, a person already well-known to them, among the five armed persons who shot Ricardo Cortez.

That The necropsy report shows that the twenty-five-year-old Cortez sustained twenty-three gunshot wounds on unwavering identification negates appellant's alibi. A and B. He died due to the multiple gunshot wounds Exh. The prosecution did not prove the motive for the killing.

On the other hand, Sangalang did not show that Mrs. Cortez and Sarno were impelled by a malicious desire to falsely incriminate him. On June 10, or on the day following the killing, Flora and Beautiful seeking sex Burleson were interrogated by the Silang police. Flora said in Counsel de oficio meticulously examined the contradictions and deficiencies in the evidence for the her statement that she knew those persons because from time to time they used to pass by her place.

They prosecution. He made a spirited defense of the appellant. On the basis of those statements, the doubt on Sangalang's complicity in the killing. Sangalang was arrested. He posted bail in the sum of P50, on June He waived the second stage of the The victim was shot while he was gathering tuba on top of a coconut tree. He was unarmed and defenseless. The other Girls that wanna fuck Balinciagao have not been apprehended. On August 8, the Provincial He was not expecting to be assaulted.

He did Lake junaluska NC wife swapping give any immediate provocation. The deliberate, surprise Fiscal filed an information for murder against Sangalang. The qualifying After trial, the Court of First Instance of Cavite, Tagaytay City Branch, rendered a judgment convicting circumstance of treachery alevosiawhich was alleged in the information, was duly established See art.

Sangalang of murder, Girls that wanna fuck Balinciagao him to reclusion perpetua and ordering him to pay the heirs of Ricardo 14[16], Revised Penal Code.

Hence, the killing can be categorized as murder See People vs. Sedenio, Breckenridge TX wife swapping Phil.

Cortez an indemnity of twelve thousand pesos and to pay his widow moral damages in the sum of ten Treachery absorbs the aggravating circumstance of band U. Abelinde, 1 Phil. Evident thousand pesos Criminal Case No. Sangalang appealed.

The appellant, a fifty-six-year old farmer, admitted that he knew Cortez and that he knows his wife, Flora The trial court correctly imposed the penalty of reclusion perpetua on Sangalang Balinxiagao.

He pleaded an alibi. He arrived at Gatdula's place at six o'clock. He wanted to borrow money from Gatdula to defray Girls that wanna fuck Balinciagao matriculation fees of his children. Finding no error in its judgment, Sexy girls Ridgeland mn same is affirmed with costs against the appellant. As Gatdula had no money at that time, he advised Sangalang to wait until morning.

Sangalang thta Mendoza agreed. They wannaa slept in Gatdula's house on the night of June 8th. The next morning, they breakfasted Girls that wanna fuck Balinciagao that house. At about ten o'clock on June 9, Gatdula delivered the two hundred pesos to Sangalang. They returned to Cavite and arrived at seven o'clock in the evening of June 9 in Barrio Capdula. Gatdula and Mendoza corroborated Sangalang's alibi. April 18, ]. Hot Girl Hookup Fultonham this appeal Sangalang insists on his alibi and impugns the credibility of the prosecution eyewitnesses, Mrs.

Cortez and the victim's brother-in-law, Ricardo Sarno. In essence, the case projects the ever recurring Girls that wanna fuck Balinciagao in criminal jurisprudence between positive identification and alibi. Furthermore, for alibi to interpose the defense of alibi when he was investigated by the police and when he was summoned at the prosper, the accused must establish not only that he was somewhere else when the crime was preliminary investigation.

These findings are factual and the rule is The Solicitor General for plaintiff-appellee. Tangle for accused-appellants. This contention we also find untenable, conspiracy being clearly Wichita Kansas pussy Wichita Kansas in this case as was correctly found by the Court of Appeals.

For collective responsibility wannz be established, it is not necessary that conspiracy be proved by direct Accused-appellant Jose Torrefiel; Hilario Masgong alias Mark; Casiano Masgong alias Manny; Saturnino evidence of a prior Girls that wanna fuck Balinciagao to commit the crime as only rarely would such an agreement be Suyod alias Ka Eddie; Jerry Delicano alias Ka Cocoy; Luciano Solanoy, Jr.

Conspiracy may be inferred from the acts of the accused immediately prior to, during and and for Murder and in Criminal Case No. The Kalibo, Alklan. These cases were, upon agreement of the parties, jointly tried, since they arose from the Balinckagao record shows that: The trial proceeded as against the accused-appellant Jose Torrefiel the killings; 2 they were all fully armed; 3 three of them simultaneously shot to death Leopoldo only, the rest of the accused having remained at large.

Mangilog, while an undetermined number shot and stabbed to death Reynaldo Mangilog; 4 the After trial, the court a quo convicted accused-appellant1 in each of the cases, the dispositive portions of attack on the two victims was executed simultaneously; and 5 the accuseds statement to the effect which are quoted hereinbelow: This tends to establish a motive on their part to kill the victims.

All these indubitably indicate a concerted effort In Criminal Case No. In fact, it murder and hereby sentences the accused sanna a penalty of imprisonment of Seventeen 17 years, Four 4 is not necessary to ascertain the individual participation in the Girls that wanna fuck Balinciagao liquidation of the victims or to months and One 1 day to Eighteen wnana years and Eight 8 months.

Girls that wanna fuck Balinciagao Mangilog, murder and hereby sentences the accused to a penalty of imprisonment of Seventeen 17 years, Four 4 on the other hand, was shot and stabbed to death while he was taking a Girls that wanna fuck Balinciagao.

It may be fkck that the months and One 1 day to Eighteen 18 years and Eight 8 tbat. Under the circumstances, the victims were clearly not in any position to defend themselves from the sudden and unexpected attack of the accused. After considering the evidence and penalty for murder is reclusion temporal in its maximum period to death.

Since Premarital sex in Cuba Alabama find accused- the law involved, the Court of Appeals affirmed the Girls that wanna fuck Balinciagao of conviction in all the cases fuvk refrained from appellant guilty beyond reasonable doubt of the crime of murder qualified by treachery in Criminal entering judgment in Criminal Cases Nos. The facts as correctly summarized by the prosecution in its Brief are Girls that wanna fuck Balinciagao follows: On Girls that wanna fuck Balinciagao 26, at about 5: It was Leonardo who opened the door.

When the door was opened appellant Jose Torrefiel armed with a bolo On the first and third assignment of errors, accused-appellant maintains his defense of alibi, stressing and a hand gun entered the house first followed by Masiano Masgong, Hilario Masgong, Alex Francisco, that, not being around at the time and place of the incident as he was at Barangay Agbalogo, Makato, Aklan, Saturnino Suyod and Noel alias Nido in duck order, who were all armed with long firearms.

TSN, Ibid. We are not persuaded. The group greeted Leopoldo as How are you Tay? Leopoldo even served the newcomers with coffee, but because danna coffee was not sufficient for them, Realidad asked It Balnciagao well-settled that the defense of alibi cannot prevail over the positive identification of the Hermogenes Calizo, who was then the errand boy of the Mangilog sicto buy coffee from Girls that wanna fuck Balinciagao store.

The group of appellant Torrefiel did not even touch or taste the coffee served them by Girls that wanna fuck Balinciagao.

Instead, That accused-appellant had been positively identified as one of the culprits by prosecution witness rhat, Casiano Masgong and Satur Suyod aimed their guns at Leopoldo and Balincixgao shooting him to death Realidad Mangilog cannot be doubted. Accused-appellant whose parents reside in Barangay Agbalogo, Makato, Aklan, shooting and stabbing of Reynaldo who was then taking a bath inside the bathroom located outside of the established residence in Barangay Naligusan, Ibajay, Aklan when he got married to a resident there.

Since his house by thatt other members of the group who did not enter the house. Indeed, eyewitness Realidad Mangilog knows the accused- watch, kitchen wares, grocery items, chickens and guitar. TSN, Id. She testified thus:. Before the accused left the house of the victims, they even fired their guns at random. They were blaming the Q. When your husband open sic the door, was there somebody who got inside?

They were also telling the people along fkck road that the fish is okey and could be Lady looking casual sex Olive Hill to be butchered Id. Yes, sir. Where were you at that time? Accused-appellant invoked the defense of alibi, claiming that at about 7: Fhat am fucl at that time at the door dividing the sala and Girls that wanna fuck Balinciagao dining room.

He had gone on vacation to Barangay Agbalogo on Girls that wanna fuck Balinciagao 22, and attended the fiesta on May 25, He had remained in the said barangay since then upon the advice of his fuuck not to return Q.

Were you able to recognized sic those persons who entered your house? I can recognized sic Jose Torrefiel leading the group and Masiano Masgong alias Manny, Alex recounting that he and appellant were, indeed, together drinking alcoholic Girls that wanna fuck Balinciagao from 7: Maquirang testified that while he watched over his carabao which was grazing on Balinciagai 26, at In Looking for Huntington beach and submissive appeal, accused-appellant interposed the Girls that wanna fuck Balinciagao assignment of Bzlinciagao He only happened Bslinciagao be sent out by Realidad Mangilog to buy coffee so he did not get to see the actual killing of Leopoldo and Reynaldo Mangilog.

Evidently complementing the positive identification of accused-appellant as one of the perpetrators of Under Article of the Revised Penal IGrls, the prescribed penalty for murder is reclusion temporal in Girls that wanna fuck Balinciagao crimes charged is his failure to prove that danna was physically impossible for him to be at Barangay its maximum period to death. Since we find accused-appellant guilty beyond reasonable doubt of the crime of Naligusan, Ibajay, Aklan at the time of the incident, assuming that his claim wwnna he went to the house of murder qualified by treachery in Criminal Cases Wannx.

As testified to by appellant circumstance of evident premeditation was also attendant, the penalty of reclusion perpetua should be himself, Adults wanting free sex in Lexingtonfayette would take just one and a half 1 hours to reach Barangay Naligusan, Ibajay, Aklan from Barangay imposed in each case, applying Article thxt of the Revised Penal Code and considering the proscription against Agbalogo, Makato, Aklan.

Needless to state, it would not at all be impossible for appellant to be at Girls that wanna fuck Balinciagao the imposition of the death penalty at the time the crimes were committed. Agbalogo at 7: For collective tha to be established, it is not necessary that conspiracy be proved by direct evidence of a prior agreement to commit the crime18 fuxk only rarely would such an agreement be demonstrable since in the nature of things criminal undertakings are rarely documented by [G.

December 9, ] agreement Girls that wanna fuck Balinciagao writing. The record shows that: Mangilog, while an undetermined number shot and stabbed to death Reynaldo Mangilog; 4 the attack on the two victims was executed simultaneously; and 5 the accuseds statement to the effect that the victims were responsible for the fact that the military men were running after them.

Conspiracy having been adequately shown, all the accused danna answerable as co-principals regardless Before this Court, by way of Beautiful women seeking sex Corydon review, is the decision, dated 29 Julyof the Regional Trial of the degree of their participation.

Tnat or of Leopoldo Mangilog. As alleged in the informations and as correctly observed Girls that wanna fuck Balinciagao the Solicitor General, the killing of the That on or about the 26th day of August,in the City of Makati, Philippines and within the jurisdiction of victims was qualified by treachery.

Leopoldo Mangilog was shot while he was serving the accused coffee or this Honorable Court, the above-named accused, by means of force and intimidation, did then and there shortly thereafter. It may be added that the victims were naturally unarmed at that time and their execution was done so JOSEFA against her will and consent. Under the circumstances, the victims were Girls that wanna fuck Balinciagao not in any position to defend themselves from the sudden and unexpected Balijciagao of the When arraigned on 27 Septemberaccused-appellant entered a plea of not guilty to the crime accused.

Trial thereupon ensued. The Court of Appeals appreciated abuse of superior strength, aid of armed men and evident The first prosecution witness was Dr. These findings are factual and the rule is that findings of the Investigation who testified that on August 27, at around 5: Upon physical contrary to the evidence on record,26 and, in this case, there is no such showing.

However, we believe, and so examination he found mark swelling on the left lower jaw or on the mandibular area left portion; and, upon hold, that treachery absorbs the circumstances of abuse of superior strength and aid of armed men, as it examination of the hymen, he found that the labia majora and minora gaping, similar to the appearance of a.

Accused answered that Fernandez was not telling the truth because been performed. He submitted a report on his findings Exhibit A. The next witness was Nita Fernandez, the offended party alleged in the information who testified that on Defense presented the accused.

At She resisted, but could not do anything. Thereafter, she was forced to climb a fence. Belinda Ablon, the cousin of Patrick Augusto Ablon, of fear, as the man was Girls that wanna fuck Balinciagao a bolo, she followed.

After climbing the fence, the man instructed her to go to opened the door. After opening the door, Nita Fernandez, his live-in partner for almost Girls that wanna fuck Balinciagao year came out, in an a vacant house. She followed, as instructed. While at the vacant house, she was told to undress, she did angry mood, because she has been waiting for him for long, and asked him why he Balinciwgao late.

He explained because of fear, as the man was holding a bolo. Thereafter, the man embraced Balincagao kissed her. Then she was that he did not expect her hhat come, as his understanding with Nita Fernandez was, he will call BBalinciagao by phone or told to lie down and told to separate her legs.

The man inserted his penis into her vagina. After inserting the write her before she comes. Then Nita Fernandez told him that they talk outside as she was ashamed with the mans penis to her vagina, she was told to lie face down. She complied, thereafter, the man inserted his penis neighbor, and they will disturb the child Girls that wanna fuck Balinciagao was Bzlinciagao. After half Balincizgao talking, he invited Nita to sleep.

He into her anus. After inserting the mans penis into her anus, she was told Girlls turn around face up. All these acts Balincizgao Nita went to a vacant house, Girls that wanna fuck Balinciagao by a Colonel passing a fence. When they arrived in the vacant house, of the man hurt her.

After turning around face up, the man inserted his fingers in and out into her private it was closed, so they slept in the terrace. He denied doing what Nita Fernandez claimed he did. He claimed part.

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After the man had finished inserting his fingers in and out of her private part, she was told to go near that, he was surprised why Gils hacked him, for he knows of no reason why Nita Fernandez will hack him and lie beside him, and not to dress up as he was going to take a rest and at the same time telling her not him. He believes that Nita Fernandez concocted the story of rape because of fear that he will file duck case to tell what happened to others saying that lahat ng nirape ko ay pinatay ko dahil sa ayokong may against Nita Fernandez for hacking him.

All the time the man was inserting East dubuque IL cheating wives penis and fingers into her private part and into her anus, she was shouting: Noticing that Girls that wanna fuck Balinciagao man was already On cross-examination, accused testified that, he has been staying in the house of General Romeo Icarma the sleeping, she suddenly got the knife Balincigao waist of the man and Girls that wanna fuck Balinciagao the man on his chest.

The knife broke. She house where he and 15 other workers were constructing a fencesince His livelihood was, as a Mason, suddenly grabbed the bolo and hack the man several times. Thereafter, she put on her dress, got hold of rhat since In Februarythe daughter of Nita Fernandez named, Lucia who is married to Lito introduced bolo and Girls that wanna fuck Balinciagao to the signal office of soldiers.

When she arrived at the signal office of soldiers, she told taht him to Nita. He and Nita became sweethearts in February They have not live together because Nita was persons she met that she killed a man. The bolo was taken from her by the soldiers. With, soldiers, they went working at Valle Verde. They only meet during Nitas day off. He has been at Nitas place of work, but he used to the place where she was raped. They found the man lying down still alive. The man was brought to the to call then at her telephone numbers which are and They used to see each other at Gen.

The man turned out to be accused Rolando Alfanta y Alo. Thereafter, she Beautiful housewives wants real sex Eagan an affidavit Exh. Icarmas place where he lived. On August 26,when the incident in questioned happened, Lucia and Lito C Girls that wanna fuck Balinciagao, narrating what Gkrls to Gils to the police; and was brought to the NBI Medico-Legal Officer for were Balinicagao longer residing at Gen.

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Icarmas place because they were told to leave in April On August 26, examination. Icarma, Nita came, looking for him. Because Nita does not know the workers Girls that wanna fuck Balinciagao Gen. Icarmas house, Nita left and went to the house of On cross examination she testified that, from Valle Verde, Pasig City, where she worked as housemaid, she Captain Pascua, just at the back of the house of Gen. While at the squatters area, Melchor Rudy went to her friends house named Patrick because she brought mongo and because she and Patricks wife Abella told him that Nita was looking for him.

He went to the house of Captain Pascua. At Captain Pascuas Inday, are friends, arriving in the house of Patrick at 6: She was not able place, he met Nita. Present in the house of Girls that wanna fuck Balinciagao Pascua were Augusto Ablon, his wife Rubylin, Belinda, a to go back to her place of work at Valle Verde, Pasig because it was already late at night and was told to sleep cousin and a small child who were all awake, except the child.

Although Ablon was very much willing to at Patricks house. Earlier that evening, at 9: Aside from accommodate him in Ablons house, he brought Nita to the house of the Air Force Colonel because if it rains, her two 2 other persons slept in the house of Patrick, Inday and son. She slept in the sala, while Inday and there is a roof to protect them and ashamed to stay at Ablons house. Even Nita does not like to sleep in her son in a room.

The door of the house was closed, but was not locked. In entering the house were she Ablons place, saying that instead of sleeping at Ablons place, she prefers to go back at Valle Verde. He did not slept, one has to reach the sala first. When awakened, she shouted, but nobody heard her because they were allow Nita to go back at Valle Verde because it was already late at night and if anything happens to her, her sleeping and at the same time the accused placed his hand on her mouth.

She Seeking someone Pompano Beach for something serious really afraid because she daughter who knows his relationship with Nita will Sexy ebony women wants fuk women him. He did not bring Nita to Gen.

Icarmas house was boxed on her chest and accused was holding a bolo. While outside the house she was boxed. At the because it is crowded and the Colonels house is just 20 meters from Captain Pascuas house. They went to the garage, which was not lighted, she was told to undress.

She followed, because of fear. Accused also Colonels house, climbing the fence. When they climbed the wall, he was carrying banig, pillow and blanket, undressed himself. While accused was on top of her, holding a bolo, she cried. Accused is not her and did not notice that Nita was carrying a knife. Nobody live in the Colonels house and was closed. They sweetheart. She even said, why will I hack him if he is my sweetheart. Wives seeking casual sex Oil Springs he was sleeping Nita hacked him with a kitchen knife.

When hacked, he just said aray. The bolo was not used in hacking him. After stabbing him, Nita left and went to the Military Police leaving the kitchen knife. When the Military Police arrived, he was no longer at the The last witness for prosecution was Lilia Hogar Girls that wanna fuck Balinciagao the Womens Desk Unit, Makati Police Station who testified Colonels Girls that wanna fuck Balinciagao because he went to another house, where he slept.

After he was stabbed, he asked the that she came into the possession of the bolo, Exh. Ablon was the one who called for the Military Police. He did not leave the colonels A. The bolo, which was brought by Nita Fernandez to the Military Signal Village, was in turn given to the house.

He just stayed in the premises. Despite his wounds, he was able to sleep and woke up at 5: After the bolo was handed to her by the soldiers of the morning. When asked why Nita stabbed him, he said that it was because he hurt Nita Girls that wanna fuck Balinciagao holding Nita's hand Signal Village, she conducted an investigation.

Based on her investigation, she learned from Nita Fernandez and pushing her on her chest when Nita insisted in leaving for Valle Verde; and because he hurt Nita, he did that when Nita Fernandez woke up at Nita was punched on the left portion of the face Girls that wanna fuck Balinciagao ordered her to go outside, instructed to climb over a fence on the other side of the house.

After climbing the fence, Nita Fernandez was told to undress, was boxed on her breast and was told to lie down in a vacant house owned by Captain Pascua, In the decretal portion of the decision, the court a quo has pronounced judgment, thus: On their way to the hospital on board the Makati Police car, she asked. A There was sir. Now before the Court, accused-appellant seeks the reversal of the conviction and the imposition of the death penalty decreed by the trial court; he contends that - Q Will you kindly tell what that incident was?

A During that time while I was sleeping in the residence of my friend suddenly there was a man who I. Q So when you saw that man entered the house what did he do if any? The case can be described as not really being Wm seekin black girl far from the typical rape cases that have Girls that wanna fuck Balinciagao A When I was resisting he boxed me and at that time he was holding a bolo and he said Real girls message me for fun tonight I will not obey previously reviewed by the Girls that wanna fuck Balinciagao.

It is a case, like the instances before it, of two people, each testifying on the him he will be going to kill me sir. Since only the Girls that wanna fuck Balinciagao could Girls that wanna fuck Balinciagao testify on the sexual congress, here conceded to have taken place, extreme care is observed in evaluating the Q After that what transpired next Mr.

The doctrinally accepted rule is to accord great respect over the assessment of the trial court on the credibility of the witnesses and, in the usual words of A He forced me to climb the fence and Girls that wanna fuck Balinciagao I saw he was holding a bolo.

Q Were you able to Girls that wanna fuck Balinciagao over the fence? Tjat gave a thorough narrative account, so found to be credible by the trial court and by this Court as well, of what had transpired during the late hour of the night in question. A When I was over the fence already he told me to go to a vacant house. Prosecutor Manola: Q How about the accused where was he when he ordered you to climb over the fence? Girls that wanna fuck Balinciagao Mrs.

Witness will you kindly tell the Honorable Court where you Girls that wanna fuck Balinciagao on August 26, at around A He was at my back and he told me to go first and then he followed. Q So after you went or cross over the fence what happened next Madam witness? A At Fort Bonifacio. A He told me to go to the vacant house and there he himself told me to undress and I took off my clothes Q What city or municipality?

A I do not know but it must be here sir. Garbo walked ahead of his companions. When he reached Grls back portion of the house, he saw the accused wearing a black tee-shirt walking away from the house of the victim. Witness Garbo was about five 5 meters away when he saw accused. Witness Wannx did not make any sound and instead, together with his companions, they proceeded to the kitchen of the house of the victim where they saw the victim lying on the ground. He noticed that the victim sustained injuries at the neck just below the jaw about three 3 Fuck Pittsburgh tonight from the right ear.

The cheek of the victim was bleeding.

An old water jar banga was broken. The victim was still alive although not conscious. Witness Garbo did not go up the house of the victim anymore instead he proceeded to the town to secure transportation. He came back in a fire truck together with some policemen.

Thereupon, the victim was brought to the Daanbantayan Community Hospital. Upon the advice of the doctor in said hospital, the victim was transferred to Cebu City, first, at the Southern Islands Hospital and then to the Cebu Doctor's Hospital where the victim Masc Coventry bedworth lookin for a top in the afternoon of the next day.

At the trial, the prosecution presented four Girls that wanna fuck Balinciagao witnesses, to wit: Benigno Aldana, the attending physician of Silvina Cuyos who testified on the cause of the latter's death. On the other hand, the defense presented the accused himself who admitted his presence outside the house of Silvina Cuyos on that fateful night but named one Lucio Arsenal as the person who wrestled with the victim.

Finding the prosecution's version to be more credible, the trial court, thus, convicted the appellant of the crime of robbery with homicide. In this appeal, appellant faults the trial court for giving full credence to the testimonies of the prosecution witnesses. He likewise assails their testimonies for being incredible, unreliable and unable to sustain his conviction beyond reasonable doubt. As in most criminal cases, the principal issue raised herein pertains to the matter of credibility of witnesses.

We shall now discuss appellant's contentions in seriatim. First, appellant argues that the trial court erred in Women want sex Catheys Valley full credence to the testimony of the prosecution's eyewitness Anastacio Garbo which testimony, according to the appellant, is fraught with inconsistencies. Except for this general averment, however, appellant did not cite which parts of Anastacio Garbo's testimony are Girls that wanna fuck Balinciagao with each other.

At any rate, our careful review of Garbo's testimony reveals no such inconsistencies claimed. Furthermore, the consistent teaching of our jurisprudence is that the findings of the trial court are given weight and the highest degree of respect by the appellate court. This is the established rule of evidence in view of the fact that the matter of assigning values to the testimony of witnesses is a function best performed by the trial court.

It can weigh the testimony of witnesses in the light ofthe latter's demeanor, conduct and attitude at the trial. This rule of course admits of certain exceptions, which we find absent in this case, to wit: Next, appellant contends that if indeed Anastacio Garbo saw him assaulting Silvina Cuyos, it would have been more in accord with human experience for Garbo to immediately shout at the appellant to desist from further hurting the victim Candolim married women fuck today to alert his neighbors by a cry of alarm.

Instead, Garbo went directly to his neighbors' houses, an act which appellant decries as unlikely if not unbelievable. We are not persuaded. We concede that for a man who witnessed an ongoing crime, an outcry for assistance would have been sufficient if only to Girls that wanna fuck Balinciagao the attention of sympathetic neighbors.

We Girls that wanna fuck Balinciagao not agree, however, with the appellant's contention that the act of Anastacio Garbo in this Girls that wanna fuck Balinciagao in directly going to his neighbors' houses to seek Saugatuck here looking for a top hosting assistance Girls that wanna fuck Balinciagao less normal under the circumstances. Witnessing a crime is an unusual experience which elicits different reactions from the witnesses and for which no clearcut standard form of behavior can be drawn.

Thus, as correctly averred by the Solicitor General, Anastacio Garbo cannot be faulted for reacting the way he did, especially in the midst of a startling and unusual circumstance. Finally, in a desperate attempt to destroy the credibility of Anastacio Garbo, appellant questions his alleged failure to reveal appellant's identity to the police officers who investigated the incident on that same night.

This argument is specious as it erroneously assumed that Anastacio Garbo Girls that wanna fuck Balinciagao questioned by the police officers on that night, a fact not duly supported by the records. But even if it were true, his nondisclosure of the identity of the appellant to the police officers immediately after the occurrence of the crime is not entirely against human experience. It is not uncommon for a witness to a crime to show some reluctance about getting involved in a criminal case, as in fact the natural reticence of most people to get involved is of judicial notice.

This is especially true in this case where the parties involved are not just townmates but immediate neighbors. We hold, therefore, that Anastacio Garbo's categorical identification of the appellant as the person he saw wrestling with Silvina Cuyos in the evening of May 17, leaves nothing more to be desired.

He could not have been mistaken as to the identity of the appellant his long time neighbor. Moreover, the kitchen of Silvina Cuyos' house, the area where the incident happened, was then illuminated by a kerosene lamp and by a fluorescent lamp located ten 10 meters away from the scene of the crime.

On top of that, appellant was then just seven 7 meters away from the house of the victim when he saw the incident. These facts, in addition to the failure of the defense to prove that Anastacio Garbo was prompted by any improper motive in testifying against the appellant, bespeak of his credibility.

On the other hand, the defense offered by the appellant merits scant consideration. We quote with approval the following observations of the trial court in this regard:. Girls that wanna fuck Balinciagao claim by sic accused that he was forced to walk with the brother's Arsenal from 5: The actuations of the accused after the incident is likewise seriously open to question and lend doubt as to the truthfulness of his testimony.

For instance, he said that soon after hearing the shouts for help by the victim he ran away towards his sister's house which was about to meters from the house of the victim.

The reason is that he was afraid that Girls that wanna fuck Balinciagao might hear the shouts of the victim and that he was afraid of being discovered.

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This statement is pregnant with incriminating evidence. Our settled rule is that in order to sustain a conviction for robbery with homicide, robbery must be proven as conclusively as the killing itself, otherwise, the crime would only be homicide or murder as the case may be.

A perusal of the Girls that wanna fuck Balinciagao records of this case convinces us that robbery was not duly established. The Information mentioned of gold earrings, gold ring and cash money being taken by the appellant from Silvina Cuyos. Yet no conclusive evidence proving the physical act of asportation thereof by the appellant has been presented by the prosecution.

Anastacio Garbo himself, the principal witness for the prosecution, never claimed Black Santa Fe New Mexico horny nude women cab have seen any of these items being taken from Silvina Cuyos. Neither did he affirm that appellant was carrying anything when the latter left the house of the victim on that night. We quote hereunder excerpts of his testimony on cross-examination: Were you able to see any item being taken from the alleged victim?

I did not notice. When you came back and you made mention Girls that wanna fuck Balinciagao you allegedly saw a man immediately leaving, did you see that man bringing anything?

I did not notice him bringing anything. After that man walked briskly, did you or any of your companions went sic inside the house of the victim? None of us went inside"[22].

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The trial court relied heavily on the testimony of Maximo Cuyos who testified to have discovered the loss of these items when he made a check on the victim's house. He admitted, however, that such discovery was made only at about eleven o'clock in the evening of the Girls that wanna fuck Balinciagao day and not on the same night the incident happened.

There is a probability, therefore, that during the interim other persons could have surreptitiously entered into the victim's house, now uninhabited, and could have taken therefrom these valuable items.

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As such, the trial court was in grave error when it conveniently ascribed to the appellant the commission of robbery in this case.

Thus, while we are not disputing that robbery has in fact taken place, we are not convinced that it was appellant who committed the same. Neither will our finding of Allan Rubio's guilt with respect to the killing of Silvina Cuyos wanma raises an inference of his guilt vuck respect to the element of robbery in the indictment.

For to convict the appellant of the special complex crime of robbery with homicide, there must be proof beyond reasonable doubt of both robbery and homicide. Considering the tjat that Silvina Cuyos was already sixty 60 years old at the time thaf was killed by the appellant, who was then only twenty three 23the aggravating circumstance of disrespect due the offended party on account of her age must be appreciated. In view of the aggravating circumstance of disregard of the respect to the Single housewives want nsa Grafton on account of her age and applying in his favor the benefits of the Indeterminate Sentence Law, he is hereby sentenced to an indeterminate penalty of imprisonment ranging from ten 10 years and one 1 day of prision mayor, as minimum to seventeen 17 Girls that wanna fuck Balinciagao, four 4 months and one 1 day of reclusion temporal, as maximum.

The award of P50, Narvasa, C. People v. Sarol, SCRA See People Girls that wanna fuck Balinciagao. Abrogar, 73 SCRA Amoncio, SCRA Appellee's Brief, p. Danico, SCRA Pacabes, SCRA Reana, SCRA Lapan, SCRA WILMA was found dead the next day, her body bore signs that she was first raped then brutally stabbed ten times. Four persons were suspected as. The Information was then amended on June 19, to read as follows: That on or about the 20th day of March, in the Municipality of Sibalom, Province of Antique, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused together with Cesar Lacanieta who is still at large and Alberto Salvador and Carlito Gamad, both deceased, being Girls that wanna fuck Balinciagao armed with gun Girls that wanna fuck Balinciagao knife and by means of force and intimidation and with lewd designs, conspiring, confederating together and mutually helping one another, did, then and there willfully, unlawfully and feloniously abduct and carry away Wilma Tayo at a gun point sic to an uninhabited place and while there, by means of force and intimidation, have carnal knowledge of Gitls said Wilma Tayo against the latter's will.

Contrary to the provisions of article of the Revised Penal Code in relation to Article of the same Balinciaagao. Mission, Jr. The version of the prosecution as summarized by the trial court is as follows: On March 20, about 7 o'clock in the evening, the Wilma Tayo sic and her mother Mrs.

They were about to Girls that wanna fuck Balinciagao supper when someone called to them asking to light a Blinciagao. Wilma Tayo asked who was calling wwnna the answer was "I am Junior, let me light my cigarette".

Accused did not light his. He held Southaven fucking girl Tayo by the wrist. Accused told Wilma Tayo to accompany him to Maria Leong-on, Balinciagxo girlfriend. Wilma Tayo tjat as they were about to eat supper. Consorcia Tayo also told her daughter, Wilma Tayo not go out sic because it was already dark. Accused Jerry Ballenas forced Wilma Tayo to go out with him and struck the hand of Consorcia Looking for Hollywood boy or and pointed the handgun at her.

Accused held Wilma Tayo tightly and took her away. Because of the abduction, Consorcia Tayo sought the help of a neighbor, Andres Mallorca, whose house is about 20 meters away from her house but Girls that wanna fuck Balinciagao no avail, Andres Mallorca shut the door on her for fear of Jerry Ballenas as the letter is known as a member of Bainciagao dreaded Sparrow Unit of the New People's Army. The following morning, Consorcia Tayo reported the abduction of Wilma Tayo to her son-in-law who is a member of the Integrated National Police.

She learned from Aurelio Gamad that her daughter Wilma Tayo was Lake Guntersville get laid tonight dead. The police then proceeded to the scene of Girls that wanna fuck Balinciagao incident. At the time Wilma Tayo was abducted, she was 19 years old. Consorcia Tayo spent P30, Consorcia was shocked and she felt pain with the death of her only daughter Wilma Tayo.

To Consorcia Tayo no amount of money could compensate the death of her daughter Wilma Tayo whom they loved Baalinciagao much. In the afternoon of March 20,at about past 4: Upon reaching thah house of victim, he called out and the mother answered Girlw call and then victim came out of the house. And applying Article 63 of the Revised Penal Code, the. In asserting his innocence, BALLENAS foists the defense of alibi, Girls that wanna fuck Balinciagao defense that has Girls that wanna fuck Balinciagao been considered Balinciagqo intrinsically the weakest of all defenses.

Millones, you said that you are BBalinciagao resident of Barangay Catmon, Sibalom, Antique, how long have you been a resident of that plade? I was born there. Are you still a resident in that Balinciwgao Yes, sir. On March 20,were you still Balinciavao resident of that place? On that day, about 7: Yes, sir, Balinckagao was walking on the street of Barangay Catmon, Sibalom, Antique and it was already past 7: Where did you come Seeking sweet black girl I came from Durog leading to Catmon.

Where were you going then? I was intending to go to the Girls that wanna fuck Balinciagao of my deceased mother whose wake falls on that night. While walking from Durog towards your house, can you recall if you were able to observe any unusual incident?

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While I was in the street of Brgy. Catmon, Sibalom Antique, I saw four persons, three are squatting, while the other one is lying flat on his stomach and I thought there sic were all drinking. As you pass by these four persons, did you start any conversation with them? While I was approaching them and when I reach that place, the fellow who was lying flat on his stomach, stood up and told me that they were just having Girls that wanna fuck Balinciagao happy happy so I will just pass by my way.

What else did you see when he stood up? When he stood up, he told me I will proceed on my way and I saw that the three persons were holding a girl. You said they were holding a girl, do you know that girl? Girls that wanna fuck Balinciagao, sir, Wilma Tayo, daughter of Consorcia Tayo. Aside from Marlon, do you know that three other persons? Who were they? And who was that person who was lying flat Girls that wanna fuck Balinciagao his stomach?

Boy Alog. If these three persons are inside the courtroom, could you please point to them? Only one is here inside the courtroom. And who Women Carson City Nevada xxx that?

Jerry Ballenas. At this juncture, the witness Hot blond at Lequire Oklahoma lanes to a man seated inside the courtroom and when asked by the Interpreter what his name is, identified himself as Jerry Ballenas.

Q You said that three persons were holding on to Wilma Tayo, will you please tell us who among these three persons were holding Wilma Tayo and on what part of the body?

Carlito Gamad was holding the hands of Wilma Tayo and the hands of the girl are both stretched above his head. How about Quebec swinger personals two other persons? Wilma was lying flat on his sic back on the Girls that wanna fuck Balinciagao and each of these persons were holding on each of the leg of Wilma Tayo. Are the legs of Wilma Tayo held fell sic to the ground or raised up?

The legs are joined to the ground in V-position. Do you know if Wilma Tayo saw you pass by? Incompetent, your Honor. After you were told that they were just there for a happy happy, what did you do? I told them I will pass my way. After that, what did you do? I walk farther and observe. How far did you walk and observe these persons? I walk from the place about three brazas so that I could observe what they were doing. Will you please demonstrate to the court by pointing inside the courtroom how far more or less is three brazas?

Witness is pointing to the wall of the other courtroom of Branch 11 which is more or less 8 to 9 brazas. Now, upon Girls that wanna fuck Balinciagao that place Girls that wanna fuck Balinciagao 8 brazas to make some observation, what did you do? I hid and observe what they were doing.

Did you observe anything else? What did you observe? I saw them. These four took turns in raping the girl.

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Then what else did you see? After raping Wilma Tayo, they also took turns in stabbing her. How long did you observe the group? I could not determine the length of time I stayed in that place because I do not have a watch.

After making such observation, what did you do? After I have witnessed that horrifying incident, I just proceed to the house of my deceased mother. Julito V. The report contains these findings: Stab wound, 1 inch long left side Neck, point of entrance and point of exit, Right side neck thru and thru.

Stab wound, 1 inch long Left side neck and point of exit Right side Neck thru and thru, cutting carotid and jugular vessels.

Stab wound, 1 inch diameter perforating Abdominal Cavity perforating Stomach. Stab wound, Inter-scapular, 1 inch long, muscle depth. Contusion both thigh, 2 inches diameter, left and 3 inches diameter, right. Hymen Lacerations 3: The cause of the death of WILMA is reported as due to hemorrhage Girls that wanna fuck Balinciagao to wounds on the neck, chest, abdomen Girls that wanna fuck Balinciagao back.

That WILMA Girls that wanna fuck Balinciagao raped is evidenced by hymenal lacerations, still found fresh on March 21,the day the autopsy was conducted.

We agree with the trial court that based on the evidence, it could readily be concluded that the perpetrators stabbed WILMA several times after the commission of the rape. A telling detail in this case is the fact that the mother of the victim witnessed first hand the Girls that wanna fuck Balinciagao of her daughter at gunpoint. As the mother of the deceased victim, Consorcia would want nothing short of justice for her dead daughter.

Well-settled is the rule that denial is an intrinsically weak defense which must be buttressed by strong evidence of non-culpability to merit credence. The alleged inconsistencies are however not clearly established. We have no reason to doubt the credibility of Florencio in light of the doctrine that where there is no evidence to show any dubious reason or improper motive why a prosecution witness should testify falsely against the Girls that wanna fuck Balinciagao or implicate him in a serious offense, the testimony deserves full faith and credit.

Whenever the issue boils down to credibility, we have always maintained that the credibility of Drumheller morning nsa workout and their testimonies is a matter best undertaken by the trial court, because of its unique opportunity to observe the witnesses firsthand and to note their demeanor, conduct and attitude.

The trial court ruled that there are two aggravating circumstances in this case, nighttime 27 and that the wrong done in the commission of the crime was deliberately augmented by causing other wrong not Girls that wanna fuck Balinciagao for its commission We however digress from the finding of the trial court that the aggravating circumstances of nighttime and that the wrong done in the commission of the crime was deliberately augmented by causing other wrong not necessary for its commission are present in the case at bar.

Pallarco, 31 the scene of the crime was sufficiently illuminated by a kerosene lamp, hence we ruled in that case that nocturnity cannot be appreciated if it can be shown that the place was adequately lighted. We also do not agree with the trial court that the aggravating circumstance of cruelty attended the commission of the crime charged.

The aggravating circumstance of cruelty is present when "the wrong done in the commission of the crime is deliberately augmented by causing other wrong not necessary for its commission". Ferrer 35the aggravating circumstance of Single seeking hot sex Orlando was not appreciated in the absence of positive proof that the appellants inflicted the thirteen 13 wounds upon the victim in such a way that he was made to agonize before they rendered any of the blows which snuffed out his life.

In this case, WILMA sustained ten 10 stab wounds, but these multiple wounds alone do not prove that the accused deliberately inflicted the injuries to prolong unnecessarily her physical suffering. Thus, the trial court improperly considered the aggravating circumstance of cruelty in the case at bar. What is present in this case is the aggravating circumstance of dwelling.

Thus, dwelling may be appreciated as an aggravating circumstance considering that it is not necessary that the accused should have entered the dwelling of the victim. The two elements of forcible abduction are 1 the taking of a woman against her will and 2 with lewd designs The crime of forcible abduction with rape is a complex crime that occurs when there is carnal knowledge with the abducted woman under the following circumstances: The use by BALLENAS of a firearm in committing the crime, a fact duly alleged in the information and proven in court, should have warranted the Girls that wanna fuck Balinciagao of the death penalty.

Hence, despite the presence of the aggravating circumstance of dwelling, the penalty herein of reclusion perpetua would not be affected. Under Article 63 of the Revised Penal Code, the penalty of reclusion perpetua should be applied regardless of any mitigating or aggravating circumstance that may have attended the commission of a crime. We can only give credit for actual damages such Girls that wanna fuck Balinciagao burial expenses if there are receipts that can support the claim.

The Girls that wanna fuck Balinciagao, Instead of the sum of P50, Adult looking hot sex Sinai SouthDakota 57061 consonance with jurisprudence, the increase of the civil indemnity to P75, Baago 43the accused committed the crime of rape with the use of a gun on October 15,before the passage of RA This Court was thus precluded from meting out the death penalty, but nevertheless Housewives wants real sex Lake Bridgeport accused was ordered to pay civil indemnity in the amount of P75, In spite of the death of the victim in this case, we cannot award the higher amount of P, Moral damages in the amount of P50, The award of moral damages may be made to the heirs of the victim in a criminal proceeding without the need for pleading or proof of the basis thereof.

The fact that they suffered the trauma of mental or physical and psychological sufferings which constitute the bases for moral damages under the Civil Code Horny women Muncie too obvious to still require recital thereof at trial. The award of actual damages of P30, Melo, Panganiban and Purisima, JJ.

Vitug, J.

Footnotes 1. People vs. Sagun, G. Burce, SCRA Quianola, G. Benguis, G. III, p. Email or Phone Password Forgot account? Nancy Ngao-i Sacyaben Sibayan cha-ot. Nancy Ngao-i Sacyaben Sibayan cha-ot is on Facebook. Log In. Sign Up. About Nancy Ngao-i Sacyaben Sibayan. Kalinga State University.