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SO ORDERED.
Contrary to law.
On January 15, 1990, the accused were
arraigned in the Waray dialect which they
understood and spoke. Assisted by Counsel
Benjamin Pore, both pleaded not guilty.
[3]
After due trial, the trial court[4] rendered a
decision,[5] the dispositive portion of which
reads:
WHEREFORE, this Court finds each of the
accused Abraham and Sergio, both
surnamed Bato GUILTY beyond reasonable
doubt of the crime of Murder penalized under
Article 248 of the Revised Penal Code. With
the abolition of the capital punishment in
1987 Constitution, the penalty of Murder
should now be Reclusion Temporal in its
maximum period to Reclusion Perpetua. In
the absence of any modifying circumstances,
the penalty imposable is in its medium
period or from EIGHTEEN (18) YEARS, EIGHT
(8) MONTHS and ONE (1) DAY TO TWENTY
(20) YEARS.
Applying the Indeterminate Sentence Law,
they are each imposed the penalty of TEN
(10) YEARS AND ONE (1) DAY OF Prision
Mayor as minimum to EIGHTEEN (18) YEARS,
[15]
A Jaro, Leyte.
PROSECUTOR DAGANDAN:
Q You said that they called your father, who
is this they you referred to?
A Abe Bato and Sergio Bato.
Q Where were Abraham Bato and Sergio
Bato when they called your father?
A They were drinking in the house of Paran.
Q Do you know the real name of this Paran?
A He stayed long.
A I was near.
PROSECUTOR DAGANDAN:
A Rope.
A Yes, maam
NACHURA, J.:
Before this Court is an appeal by Ronaldo de
Guzman y Danzil, accused in Criminal Case
No. V-1118, filed before the Regional Trial
Court (RTC) of Villasis, Pangasinan. He was
charged with Illegal Sale of Dangerous
Drugs, punishable under Republic Act (R.A.)
No. 9165.[1] In a decision[2] dated December
5, 2006, the trial court found De Guzman
guilty beyond reasonable doubt of the crime
charged. His conviction was affirmed by the
Court of Appeals (CA) in a Decision[3] dated
June 26, 2008.
A: Yes, sir.
Q: Do you know if there were pictures taken
on (sic) the confiscated items?
A: I dont know, sir.
Q: And you have not seen pictures taken?
A: Yes, sir.[31]
Thus, we find no justifiable ground for such
non-compliance.
Readily apparent in the prosecutions
evidence, likewise, is a gaping hole in the
chain of custody of the seized illegal drugs.
SPO3 Yadao, in his testimony, narrated how
the evidence was handled, thus:
Q: You did not place or put your initials
on the buy-bust money, the 2 pieces
of P100.00 bil (sic) that was used in the
buy-bust operation, you did not (sic)?
A: I did not maam (sic).