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Leovigildo Rosales vs CA, et al.

LEOVIGILDO ROSALES, petitioner, vs. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES, respondents.

G.R. Nos. 106229-30 | 1996-03-15

BELLOSILLO, J.:


LEOVIGILDO ROSALES was charged before the Regional Trial Court of Northern Samar with murder and illegal possession of firearms docketed as Crim. Cases Nos. A-600 (G.R. No. 106229) and A-601 (G.R. No. 106230), respectively, which by agreement of the parties were jointly tried as they arose from the same incident.

Prosecution witness Francisco Buensalida narrated that he and Nilo Bulan were together in the morning of 26 September 1982 on their way to get some bamboo poles. Bulan however proceeded to the side of the fishpond used by residents for defecating to answer the call of nature. 1 It was at this moment when Rosales...