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EN BANC.
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road level and by then saw also his driver Galvez wounded lying in
the precipice.
Thereafter, another vegetable truck passed by, and Adolfo
Quiambao asked the driver to help them bring his wounded driver,
Felizardo Galvez, from the ravine. Thus, Galvez was brought up to
the road and placed inside the Ford Fiera. The vegetable truck
driver helped in starting the Ford Fiera. And from there, they
proceeded immediately to the Benguet Hospital at La Trinidad,
Benguet, but when there was no doctor, they brought Galvez to the
Baguio General Hospital.
At the Baguio General Hospital, efforts to save the life of
Felizardo Galvez proved futile as the next morning he died of his
stab wounds.
Dr. Wi submitted an Autopsy Report (Exh. A) as follows:
I. STAB WOUNDS:
1. Right Mid-clavicular area, 7th Intercostal
penetrating with round edges, 0.5 x 0.5 cm.
Space,
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Constitution; and see also, People vs. Salas, 143 SCRA 163, 166 to 167
(1987).
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the witnesses against him. To allow the delay of proceedings for this
purpose is to render ineffective the constitutional provision on trial
in absentia. As it has been aptly explained:
x x x The Constitutional Convention felt the need for such a provision as
there were quite a number of reported instances where the proceedings
against a defendant had to be stayed indefinitely because of his nonappearance. What the Constitution guarantees him is a fair trial, not
continued enjoyment of his freedom even if his guilt could be proved. With
the categorical statement in the fundamental law that his absence cannot
justify a delay provided that he has been duly notified and his failure to
appear is unjustified, such an abuse could be remedied. That is the way it
should be, for both society and the offended party have a legitimate
interest in seeing to it that crime should not go unpunished.
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