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PEOPLE vs Fernando Allawan, et al

THE PEOPLE OF THE PHILIPPINES, appellee, vs. FERNANDO ALLAWAN y LANDEZA, EDGAR ATOS y LICAWAN, RUDY HERMOGENES, JUN-JUN SASAN @ HUSEIN, and REY LAURON, accused. / FERNANDO ALLAWAN y LANDEZA and EDGAR ATOS y LICAWAN, appellants.

G.R. No. 149887 | 2004-02-13

D E C I S I O N

CALLEJO, SR., J.:

The Case for the Prosecution[1]

Feliciano Sabroso, Sr., a resident of Sabroso Village, Kabacan, Ecoland, Davao City, was the head of the Peace and Order Council of Barangays 74 and 76-A, under the Office of the City Mayor of Davao City. His wife, Dessie Sabroso, was a member of the council. He had an office in his house, manned by Carmen dela Cruz, who was employed under the Office of the City Mayor and also served his household.

At about 6:00 a.m. on August 9, 2000, Sabroso, Sr. saw a male person about seven meters away from his house, catching crabs and picking shellfish in the nearby swampy area. It...