That on or about August 29, , in the Municipality of Pagsanjan, Province of Laguna, Republic of the Philippines, and within the jurisdiction of this Honorable Court, the above named accused, conspiring, confederating and mutually helping one another, with intent to kill, by means of treachery and by taking advantage of superior strength being then armed with unlicensed firearms, did then and there, willfully, unlawfully and feloniously, attack and shot at the back Reynaldo Baldemora who was then riding on a motorcycle driven by Hector Samonte and as a result thereof said Reynaldo Baldemora sustained a gunshot wound at the back causing the latters death, to the damage and prejudice of the heirs of said Reynaldo Baldemora. I asked Rey Baldemora who shot him. Credibility and Sufficiency of Evidence. In a portion of his testimony, Hector Samonte declared that he tried to prevent a trailing red car from passing through, which would lay him and his company open or exposed to gunfire from the armed men who were by that time nine meters from the edge of the highway and ten to fifteen sic away from him and Baldemora. The error in the appreciation of the prosecutionss evidence with respect to the proof of the identity of the offenders is a crucial question that calls for corrective appellate action. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae.
Alberto Baldemeca upon instructions of Pfc. Inevitably, the finger of suspicion would have surely and readily pointed to Appellant Jimmy as a culprit. Without medical attendance, this wound would have caused Hectors death. On the other hand, Atty. We note that the trial judge made conclusions that were not in accord with the evidence in hand. He told me Mauricio Llames. To his question on whether he recognized who had shot him, Reynaldo answered that he recognized the brothers Antonio and Jimmy Manambit and the rest who were from Maytalang.
Edit Cast Cast overview: Audible Download Audio Books. The more plausible theory is that there were only two gunmen at the edge of the highwaywhich is a level terrain, and manambi the two served as decoys who fired at random at the speeding motorcycle; that there was a hitman behind a tamarind tree on an elevated portion of the ground who held his fire omvie seeing Gabatans car trying to overtake Samontes motorcycle, but realizing that his intended victim might escape or elude him when the latter managed to speed past the tamarind tree where he was hidden, he opened fire.
All these inconsistencies and inadequacies — taken in light of the pervading bloody family feud between the Samontes fill the Manambits, and the admitted bias of the Samonte brothers against the Manambit brothers — create sufficient doubts in the Courts mind.
It is therefore undeniable that Reynaldo was familiar with Appellant Jimmy and his family.
While it posited the theory of an unidentified gunman behind a tamarind tree and effectively debunked the prosecutions thesis of four armed men, it nonetheless convicted Jimmy Manambit as principal, Mauricio Llames — who like Jimmy the prosecution theorized as one of the four armed men — as an accomplice, and Ramon Mamuri as another accomplice, simply because it was unable to pinpoint their exact participation.
Ramos, Liwanag loaded Reynaldo into the jeepney where Baldemeca held the latter. And since ,anambit couldn’t seek vindication from him, they went after his family instead.
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When PC men arrived, they asked him whether he had seen the assailants but Gabatan told them that he had not because when the shooting occurred, he was busy talking with his driver. Magkapatid ni Jimmy at Tony Manambitand manwmbit. Even the death of the mother of Appellant Mananbit appears to be an offshoot of that omvie — Hector Samonte, the victim in this case, had been convicted of killing her and sentenced to die before a firing squad by a military tribunal.
Margarita affirmed that Antonio left Ka Marings house after they heard the shots. He said that he was in Nichols Air Base from July until The error in the appreciation of the prosecutionss evidence with respect to the proof of the identity of the offenders is a crucial question that calls for corrective appellate action.
He wanted company in traveling because the group of Tony Manambit and Jimmy Manambit were bad men. Judge Sobejanas first name was not mentioned in the TSN. Their close proximity or propinquity to each other in a given place and time justifies the imputation of scheming and execution of the plan to waylay the victims on August 29,at about 2: When I fell I look sic at them and I saw Tony Manambit at the side of the road firing at us while moviw three 3 were running away.
Edit Storyline The true story of a law enforcer who did everything he could to uphold the law. Hector saw Tony looking out from the window and making hand signals to Ramon Mamuri who was in the bahay pulungan nearby. Zenon immediately sent someone to fetch Reynaldos wife. Liwanag, however, shows that as narrated to him, Hector saw not only four armed men but other men who were present whom he was not able to recognize; Hector even failed to mention the name of Ramon Mamuri contrary to his direct testimony.
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The trial court would have been properly guided in determining the culpability of the accused had it taken into account the prevailing highly charged situation. They brought Reynaldo to the Laguna Provincial Hospital. In confirming Appellant Jimmys culpability, the trial court discredited his alibi. On their way back, Reynaldo drove the motorcycle. Evidence for the Prosecution. After lunch on that fateful day, Antonio Manambit, allegedly one of the four gunmen, was at the house of Ka Maring Villegas in Maytalang.
You must be a registered user to use the IMDb rating plugin. Rustico Liwanag testified that he had gone to the scene of the crime near the boundary of Lumban and Pagsanjan with Pat.
Search for ” Andres Manambit: What was his answer? Oarga is credible despite his relationship with accused-appellant Jimmy Manambit’s mother-in-law. The prosecution did not dispute that Reynaldo had at one time been in the employ of Manambits father as a laborer. The medico-legal evidence showing that Baldemora was shot from behind directly contradicts and negates the prosecutions claim that four armed vull fired at said victim from the front, right.
The shots came from the place near where I saw the four armed men. Mendova, January 31,No.
It was about a year later that he learned of his implication in the crimes. A There were still other questions asked of me by Pat.