THIRD DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, - versus -

G.R. N . !"#""#
Present$ %ARPIO &ORALES, J., Chairperson, 'RION, 'ERSA&IN, A'AD,( an) VILLARA&A, *R., JJ. Pr .ul/ate)$ Au/ust 0, 12!2

T+SGT. PORFERIO R. ANG,S, *R., A--use)-Appellant.

3- - - - - - - - - - - - - - - - - - - -- - - - - - -3 DE%ISION VILLARA&A, *R., J.$ On appeal is the Decision4!5 dated December 5, 2006 of the Court of Appeals (CA) in CA-G ! C!-"C #o 00$$%, &hich affirmed &ith modification the Decision415 of the !e'ional (rial Court (!(C) of )isamis Oriental, Ca'a*an de Oro Cit*, +ranch $,, con-ictin' appellant (./'t 0orferio ! An'us, 1r of the crime of parricide in Criminal Case #o 2002-5,2 Appellant (./'t 0orferio ! An'us, 1r &as char'ed in an 3nformation405 dated 1une 2, 2002, as follo&s4 (hat on or about the $0 th da* of 1anuar*, 2002, at about $0400 o5cloc6 in the mornin', more or less, at 7anis8i9 0atrol +ase, 7anis8i9, )unicipalit* of Cla-eria, 0ro-ince of )isamis Oriental, and &ithin the :urisdiction of this "onorable Court, the abo-e-named accused, &ith intent to 6ill, did then and there, &illfull*, unla&full*, and feloniousl* attac6, assault, cho6ed and stran'led the nec6 of his le'itimate &ife +ett* An'us, thereb* causin' her instantaneous death CO#(!A!; (O and in -iolation of Article 2%6 of the !e-ised 0enal Code <pon arrai'nment, appellant, &ith the assistance of counsel, pleaded not 'uilt*465 to the offense char'ed (he prosecution and the defense stipulated on the follo&in' facts at the pretrial, to &it4 $ (hat the accused and the -ictim &ere le'all* married 2 (hat the incident happened on 1anuar* $0, 2002, at the 7anisi 0atrol +ase, 7anisi, Cla-eria, )isamis Oriental

= (hat (./G( 0orferio ! An'us, 1r is a member of the Armed >orces of the 0hilippines, particularl* the 0hilippine Arm*, assi'ned at the 7anisi 0atrol +ase, 7anisi, Cla-eria, )isamis Oriental 475 (hereafter, trial on the merits ensued (he prosecution presented as &itnesses 0olice /enior 3nspector !e*naldo A 0adulla, /taff /er'eant !omeo !hea, Dr Ale? ! <*, Dr 7uchie / /ero'nasAt-at, and Ci-ilian Armed >orces Geo'raphical <nit (CA>G<) members !omeo 3 )alaran, 7eoncio 0 1intapa and Ale:o O Carpio (heir testimonies ma* be s*nthesi@ed into the follo&in' narration of e-ents4 (he -ictim, +ett* D An'us, arri-ed at the 7anisi 0atrol +ase at around 2400 p m on 1anuar* A, 2002 Appellant fetched her at the 'ate and the* proceeded to his bun6er 7ater, CA>G< members )alaran and Carpio heard the t&o (2) ar'uin' about appellant5s relationship &ith another &oman Appellant &as also seen 'o out of his bun6er around midni'ht to 'et some rice, beef and -e'etables for dinner 485 (he follo&in' da*, 1anuar* $0, 2002, at around 2400 a m , appellant had brea6fast at the mess hall &ith 1intapa, )alaran and Carpio As appellant &as not &ith his &ife, 1intapa reminded appellant to call her Bhen appellant returned, he told them that he &ould :ust lea-e some food for his &ife because she &as still sleepin' After eatin', )alaran and 1intapa as6ed for permission to fetch &ater near the baran'a* elementar* school about a 6ilometer a&a* Bhile the* &ere 'one, Carpio &ent to the outpost and started cleanin' his firearm Appellant &ent to the comfort room then decided to :oin Carpio at the outpost On his &a* to the outpost, appellant passed b* his bun6er and peeped throu'h the door &hich &as open b* about $ C inches 4"5 Carpio &as able to see the door because it &as facin' the outpost 4#5 A fe& minutes later, )alaran and 1intapa returned and :oined appellant and Carpio at the outpost (he four (%) shared funn* stories and :o6ed for a &hile, after &hich Carpio &ent to the mess hall &hile 1intapa &ent to his bun6er )alaran and appellant decided to continue their con-ersation at the mess hall 495 On their &a* to the mess hall, appellant passed b* his bun6er but &as not able to open the door at once because somethin' &as bloc6in' it from the inside Bhen appellant pushed the door, )alaran sa& the bac6 of the -ictim in a slantin' position and leanin' at the door Appellant &ent inside and almost immediatel* shouted for help )alaran and Carpio sa& appellant embracin' his &ife (he* helped appellant carr* +ett*5s bod* to the bed )alaran obser-ed that her s6in belo& the :a& &as reddish and her 6nees &ere co-ered &ith mud 4!25 (here &as food on the table and a multicolored tubao4!!5 &as han'in' on the purlins of the roof about a meter a&a* from the -ictim (he lo&er tip of the tubao &as in a circular form and &as han'in' about four (%) feet from the 'round (he* heard appellant

repeatedl* sa*, DBh* did *ou do thisE "o& can 3 e?plain this to our childrenEF4!15 Carpio called 1intapa and told him that somethin' had happened to +ett* (his &as around $0400 a m Bhen 1intapa entered appellant5s bun6er, he noticed that the tubao &as still han'in' from the roof "e also sa& appellant embracin' his &ife and cr*in' hard Appellant e?erted effort to re-i-e his &ife b* pumpin' her chest )alaran tried to help b* massa'in' +ett*5s hands, feet, and le's Bhen Carpio and )alaran left to loo6 for a -ehicle, 1intapa too6 )alaran5s place and also massa'ed +ett*5s hands and feet &hich &ere alread* cold Appellant, &ho continued to cr* -er* hard, co-ered +ett*5s nec6 &ith his tubaoand draped a blan6et o-er her bod* (he tubao that &as han'in' on the roof &as not remo-ed until Corporal (eodoro Guibone ordered a meat collector to remo-e it 4!05 At the Cla-eria )unicipal "ospital, Dr 7uchie / /ero'nas-At-at concluded that +ett* &as alread* dead upon arri-al for she no lon'er had a pulse /he as6ed appellant as to the cause of her death, and after t&o (2) minutes, he replied that ma*be she suffered a heart attac6 as she had a histor* of heart ailment Dr At-at &anted to thorou'hl* e?amine +ett*5s bod* but she &as not able to do so because appellant &as cr*in' -er* hard A commotion also too6 place at the hospital &hen a soldier, later identified as /'t !omeo !hea, tried to bo? appellant, sa*in' that appellant5s cr*in' &as onl* an act 4!65 !hea and appellant &ere companions at +ra-o Compan*, &hile +ett* &as !hea5s nei'hbor in +asilan Appellant is also the 'odfather of !hea5s child Accordin' to !hea, he 6ne& about appellant5s illicit relationship &ith a certain 1ennifer Abao, &ith &hom appellant had been s&eethearts for about three (=) *ears prior to the incident on 1anuar* $0, 2002 4!75 &hen the* could not brin' the cada-er to +asilan the buriaer 'ranmother led herself and bac6bitin' Cher*l An'us, )hDr Ale? ! <*, )edico-7e'al Officer of the 0hilippine #ational 0olice (0#0) Crime 7aborator* of 0ata', Ca'a*an de Oro Cit*, conducted the autops* "is e?amination re-ealed the follo&in' findin's4 "GAD A#D #GCH $ Abrasion4 !i'ht )andibular !e'ion4 measurin' % ? 2 cm , % cm from the anterior midline 2 7i'ature mar64 e?tendin' bilaterall* around the nec6 at the le-el belo& the h*oid bone, measurin' %2 ? $ cm , bisected b* the anterior midline, directed hori@ontall* and posterior&ard 7ar*n? and (rachea are mar6edl* con'ested and hemorrha'ic 4!85 Dr <* stated that +ett* ma* ha-e died t&o (2) hours after ta6in' her last meal due to the presence of partiall* di'ested food inside the stomach 4!"5 "e belie-ed that the cause of her death &as asph*?ia b* stran'ulation and not b* han'in', as the -ictim did not sustain a fractured bone on her nec6 or h*oid bone and there &as no hemorrha'e abo-e the trachea and

lar*n? "e e?plained that the sudden 'ra-itational force &ould usuall* cause a fractured bone Dr <* clarified that the absence of a fractured bone &ould onl* happen if the person han's herself -er* slo&l* &ithout a sudden force or if she &as in a 6neelin' position 4!#5 >or its part, the defense presented as &itnesses An'eles / Ociones, /enior 0olice Officer $ Iictorino +usalla, Cher*l Ann A /iare@, )aster /er'eant +enedicto 0alma, Gmeliano +olonias, +obb* 0adilla 7ope@ and appellant (a6en to'ether, their testimonies present the follo&in' narrati-e4 Cher*l Ann A /iare@ is the onl* dau'hter of +ett* and appellant 3n the afternoon of 1anuar* A, 2002, at around $4=0 p m , +ett* &ent inside Cher*l Ann5s bedroom and told her to be serious in her studies +ett* also intimated to Cher*l Ann that she &anted to 'o to a far place &here there &ould be no more rumors, no bac6bitin', and nobod* &ould reco'ni@e her At %400 p m , the* boarded a bus bound for Ca'a*an de Oro Cit* +ett* disembar6ed at Iillanue-a, )isamis Oriental to transfer to a passen'er :eepne* 'oin' to Cla-eria 4!95 >rom Iillanue-a to Cla-eria, +ett* sat beside An'eles Ociones, an old friend, in the front seat of the :eepne* /he confided to Ociones about her :ealous* to&ards her husband /he also mentioned that she &as an'r* that she &as not able to catch him and his mistress Ociones ad-ised +ett* to confront her husband re'ardin' the rumors she had heard, as it &as common to hear such rumors e-er* time a soldier is assi'ned to a place a&a* from home +ett* re-ealed that she planned to commit suicide because of the man* stories she had heard about her husband (his &as the third time she shared thou'hts of suicide +ett* further said she &anted to 'o to a far place &here nobod* &ould reco'ni@e her At around 2400 p m , +ett* arri-ed at 7anisi 0atrol +ase 4125 Appellant met his &ife at the 'ate and &ent &ith her to his bun6er Appellant testified that the* tal6ed about onl* three (=) thin's4 his &hereabouts on 1anuar* 2, 2002, the conference in )at-i, Cla-eria, and &hether he &as able to borro& mone* for the reno-ation of their house "e later admitted, ho&e-er, that +ett* also confronted him about his relationship &ith another &oman At around $$400 p m the* &ent to bed "e as6ed +ett* if she has eaten dinner but she said she did not &ant to eat #onetheless, he brou'ht her some food then &ent bac6 to sleep "e &o6e up the follo&in' da* at around 6400 a m and heard Gmiliano +olonias 6noc6in' at his door +olonias confirmed that &hen the door &as opened, he sa& +ett* sleepin' on the bed /ince +ett* &as still asleep, appellant su''ested that the* proceed to the mess hall to tal6 about their financial dealin's "e did not loc6 the door to his bun6er &hen the* left At around ,400 a m appellant &ent bac6 to his bun6er to in-ite his &ife to ha-e brea6fast &ith them 41!5

After ha-in' brea6fast, appellant, )alaran, Carpio and 1intapa &ent to the outpost &hile +olonias left the patrol base )alaran and 1intapa as6ed permission to fetch &ater but later arri-ed and sta*ed at the outpost Appellant &ent to his bun6er and found the same loc6ed from inside "e 6noc6ed and called his &ife, but there &as no response "e forcibl* opened the door and sa& his &ife han'in' &ith the use of a tubao&hich &as tied at the purlins of the roof "er bod* &as han'in' and almost in a 6neelin' position "e shouted for help as he untied the 6not around +ett*5s nec6 but &as not able to carr* her since she &as hea-* (he other CA>G< members helped appellant put +ett* on the bed )alaran massa'ed +ett*5s feet &hile appellant massa'ed her chest and e-en did a mouth-to-mouth resuscitation Bhen the -ehicle appellant had reJuested arri-ed, +ett* &as brou'ht to the hospital (he tubao that &as used b* the -ictim &as left han'in' at the purlins 4115 (hat same da*, Cher*l Ann &as informed that her mother &as in serious condition /he &as fetched and brou'ht to Cla-eria, )isamis Oriental, &here she sa& her father cr*in' Appellant told Cher*l Ann that her mother had committed suicide (he burial &as ori'inall* scheduled on 1anuar* $6, 2002 so her 'randmother could attend +ett*5s relati-es &ho attended the &a6e did not attend the burial because the* 'ot an'r* &hen appellant did not allo& them to brin' +ett*5s bod* to +asilan "er 'randfather, /0O% Cesar Oca*, told Cher*l Ann to bur* her mother5s bod* in +asilan so that the* &ill not file a case a'ainst appellant Cher*l Ann belie-es her mother committed suicide 4105 )./'t +enedicto 0alma testified that on 1anuar* $5, 2002, at around 2400 p m , he &as at the funeral parlor of 0oblacion, +alin'asa', )isamis Oriental, assistin' Dr Ale? <*, &ho &as conductin' the autops* on +ett*5s bod* Bhen he as6ed Dr <* re'ardin' his findin's, the doctor replied that appellant had nothin' to do &ith the death of his &ife, and that she indeed committed suicide 4165 Aside from appellant, his brothers-in-la&, Gd'ardo De Iera and )ariano De Iera, /'t !hea, and appellant5s sister-in-la&, 1err*, &ere also present at the funeral parlor &hen Dr <* announced his findin's that +ett* committed suicide 4175 On )a* 20, 200=, the !(C rendered a Decision, the dispositi-e portion of &hich reads4 :HEREFORE, findin' accused (./G( 0O!>G!3O ! A#G</, 1! , G,ILT; <e= n) reas na<le ) u<t 4 f5 t>e -ri.e f Parri-i)e , punishable under Article 2%6 of the !e-ised 0enal Code, and ta6in' into account the miti'atin' circumstance of -oluntar* surrender, he is hereb* sentenced to suffer the penalt* of Reclusion Perpetua, includin' its accessor* penalties "e is also directed to pa* >3>(; ("O</A#D 0G/O/ (050,000 00), as indemnit*, to the heirs of the -ictim /O O!DG!GD Ca'a*an de Oro Cit*, )a* 20, 200= 4185

Appellant interposed an appeal to this Court 0ursuant toPeople v. Mateo, 41"5 &hich modified !ules $22, $2% and $25 of the !e-ised !ules of Criminal 0rocedure, as amended, insofar as the* pro-ide for direct appeals from the !(C to this Court in cases &here the penalt* imposed b* the trial court is death,reclusion perpetua or life imprisonment, this case &as referred to the CA for intermediate re-ie& On December 5, 2006, the CA rendered :ud'ment affirmin' &ith modification the decision of the !(C (he fallo of the CA decision reads4 FOR THE REASONS STATED, the appealed Decision con-ictin' (./G( 0O!>G!3O ! A#G</, 1! of 0arricide is hereb* AFFIR&ED &ith the &ODIFI%ATION that he is additionall* O!DG!GD to pa* the heirs of the -ictim 025,000 as e?emplar* dama'es and 050,000 as moral dama'es on top of the decreed indemnit* Costs de officio. SO ORDERED 41#5 "ence, this appeal 3n his brief,4195 appellant raises a lone assi'nment of error4 ("G CO<!( A K<O G!AIG7; G!!GD 3# >3#D3#G ("G ACC</GD-A00G77A#( G<37(; O> ("G C!3)G C"A!GGD DG/03(G ("G >A37<!G O> ("G 0!O/GC<(3O# (O 0!OIG "3/ G<37( +G;O#D !GA/O#A+7G DO<+( Appellant ar'ues that nobod* reall* sa& &ho 6illed the -ictim or &hen and ho& she &as 6illed "e asserts that the prosecution &itnesses merel* testified to ha-e last seen +ett* ali-e on the ni'ht of 1anuar* A, 2002 (hereafter, the* heard the couple ar'uin' about a &oman (he follo&in' mornin' +ett* &as found dead Althou'h there &as more than one ($) circumstance, appellant contends that the prosecution failed to pro-e that the combination thereof leads to the ine-itable conclusion that he 6illed his &ife Be find merit in appellant5s contentions (he Constitution mandates that an accused shall be presumed innocent until the contrar* is pro-en be*ond reasonable doubt (he burden lies on the prosecution to o-ercome such presumption of innocence b* presentin' the Juantum of e-idence reJuired 3n so doin', the prosecution must rest on the stren'th of its o&n e-idence and must not rel* on the &ea6ness of the defense 4025 And if the prosecution fails to meet its burden of proof, the defense ma* lo'icall* not e-en present e-idence on its o&n behalf 3n such cases the presumption pre-ails and the accused should necessaril* be acJuitted 40!5 Be ma* &ell emphasi@e that direct e-idence of the commission of a crime is not the onl* basis on &hich a court dra&s its findin' of 'uilt Gstablished facts that form a chain of circumstances can lead the mind intuiti-el* or impel a conscious process of reasonin' to&ards a con-iction 4015 Ieril*, resort to circumstantial e-idence is sanctioned b* /ection %, !ule $== of the !e-ised !ules on G-idence

Bhile no 'eneral rule can be laid do&n as to the Juantit* of circumstantial e-idence &hich &ill suffice in a 'i-en case, all the circumstances pro-ed must be consistent &ith each other, consistent &ith the h*pothesis that the accused is 'uilt*, and at the same time inconsistent &ith the h*pothesis that he is innocent, and &ith e-er* other rational h*pothesis e?cept that of 'uilt (he circumstances pro-ed should constitute an unbro6en chain &hich leads to onl* one ($) fair and reasonable conclusion that the accused, to the e?clusion of all others, is the 'uilt* person 0roof be*ond reasonable doubt does not mean the de'ree of proof e?cludin' the possibilit* of error and producin' absolute certaint* Onl* moral certaint* or Dthat de'ree of proof &hich produces con-iction in an unpre:udiced mindF is reJuired 4005 (he follo&in' are the reJuisites for circumstantial e-idence to be sufficient to support con-iction4 (a) there is more than one ($) circumstance, (b) the facts from &hich the inferences are deri-ed ha-e been pro-en, and (c) the combination of all the circumstances results in a moral certaint* that the accused, to the e?clusion of all others, is the one ($) &ho has committed the crime (hus, to :ustif* a con-iction based on circumstantial e-idence, the combination of circumstances must be inter&o-en in such a &a* as to lea-e no reasonable doubt as to the 'uilt of the accused 4065 After a thorou'h re-ie& of the records of the case, &e find sufficient basis to &arrant the re-ersal of the assailed :ud'ment of con-iction (he crime of parricide is defined and punished under Article 2%6 of the !e-ised 0enal Code, as amended, to &it4 Art 2%6 Parricide - An* person &ho shall 6ill his father, mother, or child, &hether le'itimate or ille'itimate, or an* of his ascendants or descendants, or his spouse, shall be 'uilt* of parricide and shall be punished b* the penalt* of reclusion perpetua to death (he elements of the crime of parricide are4 ($) a person is 6illedL (2) the deceased is 6illed b* the accusedL and (=) the deceased is the father, mother or child, &hether le'itimate or ille'itimate, of the accused or an* of his ascendants or descendants, or his spouse 4075 (he e-idence in this case sho&s that +ett* arri-ed at the camp at around 2400 o5cloc6 in the e-enin' of 1anuar* A, 2002 Bitnesses heard +ett* and the appellant ar'uin' o-er the latter5s illicit relationship &ith another &oman (he follo&in' da*, appellant &ent out of his bun6er at around 6400 o5cloc6 in the mornin' "e had brea6fast at the mess area &ith his companions, but &ent bac6 to his bun6er at around ,400 o5cloc6 to as6 his &ife to :oin them for brea6fast Bhen he returned, he told his men that his &ife could not :oin them for brea6fast because she &as still asleep At around $0400 a m , appellant returned to his bun6er follo&ed b* )alaran &ho sa& the dead bod* of the -ictim (he Court is not satisfied that the circumstantial e-idence in this case constitutes an unbro6en chain &hich leads to the conclusion that appellant,

to the e?clusion of all others, is 'uilt* of 6illin' his &ife (he trial court relied on the testimonies of )alaran and Carpio &ho heard the appellant and his &ife ar'uin' about the latter5s illicit relationship &ith another &oman, &hich supposedl* pro-es moti-e for him to commit the crime "o&e-er, 'rantin' that appellant and +ett* had an ar'ument on the ni'ht before her death, it &ould be too much to presume that such an ar'ument &ould dri-e appellant to 6ill his &ife Clearl*, the moti-e is not con-incin' 3f at all, the testimonies of )alaran and Carpio merel* sho& a suspicion of appellant5s responsibilit* for the crime #eedless to state, ho&e-er, suspicion no matter ho& stron' can not s&a* :ud'ment 4085 3n the absence of an* other e-idence reasonabl* lin6in' appellant to the crime, e-idence of moti-e is not sufficient to con-ict him 40"5 7i6e&ise, Dr <* e?plained that if a person han's herself, most of the time there &ill be a fracture on the bone of the nec6 because of the pressure caused b* 'ra-it* that pulls the rope "o&e-er, he also testified that if the person han's herself slo&l*, there &ill be no fracture on her nec6 or h*oid bone (hus, the fact that +ett* did not sustain a fractured bone on her nec6 or h*oid bone, as the doctor obser-ed, does not automaticall* lead to the conclusion that appellant stran'led the -ictim Gi-en the e-idence that the -ictim had intimated her &ish to commit suicide a da* before the incident, it is not farfetched to conclude that she indeed chose to ta6e her life An acJuittal based on reasonable doubt &ill prosper e-en thou'h the accused5s innocence ma* be doubted, for a criminal con-iction rests on the stren'th of the e-idence of the prosecution and not on the &ea6ness of the defense And, if the inculpator* facts and circumstances are capable of t&o (2) or more e?planations, one ($) of &hich is consistent &ith the innocence of the accused and the other consistent &ith his 'uilt, then the e-idence does not fulfill the test of moral certaint* and is not sufficient to support a con-iction (hat &hich is fa-orable to the accused should be considered 40#5After all, mas vale que queden sin castigar diez reos presuntos, que se castigue uno inocente 4095 Courts should be 'uided b* the principle that it &ould be better to set free ten ($0) men &ho mi'ht be probabl* 'uilt* of the crime char'ed than to con-ict one ($) innocent man for a crime he did not commit 4625 :HEREFORE, the appeal is GRANTED. (he assailed Decision dated December 5, 2006 of the Court of Appeals in CA-G ! C!-"C #o 00$$% is REVERSED and SET ASIDE Appellant (./'t 0orferio ! An'us, 1r is ACK<3((GD of the crime of parricide on the 'round of reasonable doubt <nless detained for some other la&ful reasons, appellant is hereb* ordered released immediatel* SO ORDERED. &ARTIN S. VILLARA&A,

*R. Associate 1ustice BG CO#C<!4 %ON%HITA %ARPIO &ORALES Associate 1ustice Chairperson

ART,RO D. 'RION Associate 1ustice

L,%AS P. 'ERSA&IN Associate 1ustice

RO'ERTO A. A'AD Associate 1ustice ATTESTATION 3 attest that the conclusions in the abo-e Decision had been reached in consultation before the case &as assi'ned to the &riter of the opinion of the Court5s Di-ision

%ON%HITA %ARPIO &ORALES Associate 1ustice Chairperson, Third Division

%ERTIFI%ATION 0ursuant to /ection $=, Article I333 of the $A,2 Constitutionand the Di-ision Chairperson5s Attestation, 3 certif* that the conclusions in the abo-e Decision had been reached in consultation before the case &as assi'ned to the &riter of the opinion of the Court5s Di-ision RENATO %. %ORONA Chief 1ustice

M Desi'nated additional member per /pecial Order #o ,%= dated )a* $2, 20$0 8$9 Rollo, pp 5-$, 0enned b* Associate 1ustice Gd'ardo A Camello, &ith Associate 1ustices /i?to C )arella, 1r and )ario I 7ope@ concurrin'

829 CA rollo, pp =$-5% 0enned b* 1ud'e Gd'ardo ( 7loren Dated )a* 20, 200= 8=9 !ecords, p 2 8%9 3d at 60 859 3d at 20 869 (/#, /eptember $2, 2002, pp %2-%2L (/#, /eptember $,, 2002, pp 25-2, 829 (/#, /eptember $,, 2002, pp ,5-,6 8,9 3d at ,$ 8A9 (/#, /eptember $2, 2002, pp $2-2,L (/#, /eptember $,, 2002, pp 2A-,2 8$09 (/#, /eptember A, 2002, pp $6-20 8$$9 A scarf-li6e clothin' used to co-er the head and nec6 /ee (/#, /eptember $,, 2002, pp 62-6, 8$29 (/#, /eptember $6, 2002, pp =-$$L (/#, /eptember $2, 2002, pp 2,-=2 8$=9 (/#, /eptember $2, 2002, pp ==-%$L (/#, /eptember $,, 2002, pp 5A-6A 8$%9 (/#, /eptember 5, 2002, pp 2,-=2, %=-%% 8$59 (/#, /eptember =0, 2002, pp 6,-26 8$69 !ecords, p 222 8$29 (/#, /eptember 2, 2002, p $0 8$,9 3d at =-22 8$A9 (/#, 1anuar* $%, 200=, pp $0%-$06 8209 (/#, December $,, 2002, pp $2-%$ 82$9 (/#, 1anuar* 2$, 200=, pp 26-2,L (/#, 1anuar* 22, 200=, pp ,A-A5 8229 (/#, 1anuar* 22, 200=, pp A6-$0= 82=9 (/#, 1anuar* $%, 200=, pp $02-$$A 82%9 (/#, 1anuar* $5, 200=, pp $%=-$%6 8259 (/#, )arch =, 200=, p 2% 8269 CA rollo, pp 5=-5% 8229 G ! #os $%262,-,2, 1ul* 2, 200%, %== /C!A 6%0, 652-65, 82,9 Rollo, p $, 82A9 CA rollo, pp A$-$02 8=09 People v. Suan, G ! #o $,%5%6, >ebruar* 22, 20$0, p $% 8=$9 /ee People v. Dela Cruz, G ! #o $22222, October 2A, 200,, 520 /C!A 22=, 2,6-2,2 8=29 People v. Casitas, r., G ! #o $=2%0%, >ebruar* $%, 200=, =A2 /C!A =,2, =A0 8==9 People v. Dela Cruz, G ! #o $,26,=, >ebruar* $$, 20$0, p ,

8=%9 !astian v. Court of "ppeals, G.R. N . !82#!!, April !#, 122#, 771 S%RA 60, 77. 8=59 People v. "#uman, G ! #o $==%=6, April $%, 200%, %22 /C!A 2%,, 256 8=69 People v. !alderas, G ! #o $065,2, 1ul* =$, $AA2, 226 /C!A %20, %,% 8=29 People v. Manambit, G ! #os 222%%-%5, April $,, $AA2, 22$ /C!A =%%, =6, 8=,9 Dela Cruz v. People, G ! #o $50%=A, 1ul* 2A, 2005, %65 /C!A $A0, 2$6 8=A9 People v. Suarez, G ! #os $5=52=-26, April $5, 2005, %56 /C!A ===, =65 8%09 People v. Capili, G ! #o $=05,,, 1une ,, 2000, === /C!A =5%, =66