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PEOPLE vs Roberto Ostia

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO OSTIA @ "ROBERT", accused-appellant.

G.R. No. 131804 | 2003-02-26

D E C I S I O N

CALLEJO, SR., J.:

The Spouses Ponciano Onato and Edita Onato resided with their four-year old daughter,[1] Beverly Onato, in Sitio Mactang, Barangay Ilo, Sto. Niño, Samar. Ponciano was a fisherman and a farmer but was employed by Tito Soria in his buy-and-sell of fish business. Roberto Ostia, a co-worker of Ponciano, resided in the poblacion of Sto. Niño. Rufo Legaspi, a carpenter and a Barangay Tanod, was a neighbor of Ponciano.

On May 13, 1995, a Saturday, at about 7:00 p.m., Rufo was seated near his house and resting before retiring for the evening. Momentarily, Rufo saw Roberto, with Beverly perched on...