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PEOPLE vs Cayetano Mosende

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CAYETANO MOSENDE y MORATA, accused-appellant.

G.R. No. 137001 | 2001-12-05

D E C I S I O N

VITUG, J.:

On the evening of 22 March 1998, Leticia Zabala Sapupo was alone with her two sleeping children at her residence in Wawa III, Rosario, Cavite. Her husband, a barangay tanod, had left the house to conduct a night patrol in the neighborhood. She would, now and then, look through the window opening to see if he was already back. At about 10:00 p.m., peeping out, she saw Cayetano "Tano" Mosende, leaning on the fence, just arms away from where she stood. He was wearing the same clothes when she saw him drinking at the store earlier that afternoon. The vicinity was sufficiently illuminated from neighboring houses and...