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Republic of the Philippines

REGIONAL TRIAL COURT


5th Judicial Region
Naga City, Camarines Sur
Branch _____

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Criminal Case No. ___
-versus- For: Murder

MANUEL DELPINO,
Defendant,

x------------------------x

RECORD ON APPEAL

BE IT REMEMBERED, that on dates herein respectively


mentioned, the following proceedings took place in the Regional
Trial Court of Sorsogon, Sorsogon, Branch 52, to wit:

1. That on January 26, 1994, the plaintiff-appellee filed a


complaint against the defendant-appellant, in the following tenor:

That on or about the 16th day of December, 1993, in the


municipality of Sorsogon, province of Sorsogon, Philippines, and
within the jurisdiction of this Honorable Court, the above-named
accused, armed with a short firearm, with intent to kill and with
treachery and evident premeditation, did then and there, willfully,
unlawfully, and feloniously, shot one Gabriel Lorica, thereby
inflicting upon the latter mortal injury which directly caused his
death, to the damage and prejudice of his legal heirs.

CONTRARY TO LAW.

2. That on May 10, 1994, the defendant-appellant filed his


answer to said complaint, as follows:

Manuel Delpino denied that he was the one who shot and
killed Gabriel Lorica. He testified that on December 16, 1993 at about
10:00 o’clock in the evening, he and Lanuza and Winnie were inside
the JB Line Terminal at Magsaysay St., Sorsogon, Sorsogon washing
buses. They started washing buses at about 7:00 o’clock in the
evening and finished at 1:00 o’clock in the morning. That he did not
leave the JB Line Terminal from the start up to the time he finished
washing all the buses in the terminal. They washed 18 buses and it
took them at least ½ hour to wash one bus.

Oscar Lanuza corroborated the testimony of Manuel Delpino.


He further testified that he and the accused worked from 7:00 o’clock
in the evening to past 12:00 midnight on December 16, 1993 inside the
JB Line Terminal. That Manuel Delpino did not leave the place
because he was beside him sleeping and it was a rainy night. He was
surprised why Manuel Delpino was implicated in the killing of
Gabriel Lorica when he was with him washing JB Line buses that
evening of December 16, 1993.

3. That after due hearing, the court, on March 2, 1998, rendered


the following decision:

WHEREFORE, the Court finds the accused Manuel Delpino


guilty beyond reasonable doubt of the crime of Murder and there
being no aggravating and mitigating circumstances, hereby sentences
the accused to suffer imprisonment of reclusion perpetua and hereby
ordered him to pay the heirs of Gabriel Lorica the amount of
₱10,000.00 for actual damages incurred during the wake and to
indemnify the heirs of Gabriel Lorica the amount of ₱50,000.00 as
civil indemnity without subsidiary imprisonment in case of
insolvency and to pay the cost. The accused being a detention
prisoner in the service of his sentence his detention shall be fully
credited.

SO ORDERED.

4. That on March 10, 1998, defendant-appellant filed a motion


for reconsideration of the following tenor:

That the defendant-appellant respectfully moves for the


reconsideration of the court’s resolution on the ground that the
prosecution failed to sufficiently establish his presence at the scene of
the crime.

5. That on March 15, 1998, the court issued an order denying


said motion for reconsideration, to wit:
WHEREFORE, premises considered, the motion for
reconsideration is hereby DENIED for LACK OF MERIT.

SO ORDERED.

6. That on March 15, 1998, defendant-appellant received notice


of said order denying his motion for reconsideration, and on March
20, 1998 filed his Notice of Appeal to the Court of Appeals, as
follows:

Defendant thru counsel, and within the reglementary period


prescribed by the Rules of Court hereby files this notice of appeal
from the judgment rendered by this court and appeals to the Court of
Appeals of the Philippines.

WHEREFORE, the defendant -appellant prays for the approval


of this Record on Appeal and that the same be transmitted to the
Court of Appeals, together with all the oral and documentary
evidence given and presented at the trial of the above-entitled case.

Naga City, Camarines Sur, March 20, 1998.

APRIL ROSE A. SIGUENZA


Counsel for the Defendant
Attorney’s Roll No. 12345
IBP No. 123456, January 1, 2019/ Camarines Sur
PTR No. 7654321, January 1, 2019/ Naga City
MCLE Comp. No. IV-0001234, Valid until March 2, 2019
2nd Floor, Five Point Bldg., Caceres St.,
Corner Mayon Avenue, Tinago, Naga City
Telephone Number: (054) 123-456
Fax Number: (054) 231-4322

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