PEOPLE OF THE PHILIPPINES, VS. NORBERTO CARROZO

Ruling

Accordingly, the group of PFC Diosdado Cerna, PFC Juan Papalid, Pat. Albino Dagohoy and Pat. Arturo Lazarte, accompanied by Mario Marticio, proceeded to the outskirts of Bgy. Naliwatan, Javier, Leyte to verify the report on the discovered bodies (pp. 6-7, 21-22, TSN, April 22, 1988). There, Marticio led them to the riverbank where the bodies of Ramon Robin Sr. and his wife Herminia and three (3) children were buried (pp. 13-14, 16, TSN, April 22, 1988). They dug up the bodies and found Ramon Robin Sr. and his family members buried in only one place (pp. 9-14, TSN, April 14, 1988). Afterwards, the bodies of Ramon Robin Sr., his wife Herminia, his children Flocerfina, Ramon Robin Jr. and Celso Robin were loaded on a sled and bought to the municipal building by Pablo Robin and Nilo Robin, Ramon Robin Sr.'s surviving sons, Pablo Novio and Deodito Teves for post-mortem examination (pp. 9-12, TSN, April 22, 1988; pp. 14-15, TSN, May 25, 1989). Immediately thereafter, the group of PFC Cerna, PFC Juan Papalid, Pat. Albino Dagohoy and Pat. Arturo Lazarte proceeded towards the house of Ramon Robin Sr. at Sitio Moyongboyong, Bgy. Malitbogay, Javier, Leyte to conduct further investigation. When they arrived there, they noticed blood stains and sled tracks from the riverbanks which led to the house and yard (pp. 14-16, TSN, April 22, 1988). They also found bloodstains in the porch and in the yard (pp. 6-7, 13-18, TSN, April 22, 1988). Based on the report of Redubla that the victims were killed by accused Norberto Carrozo alias Norbing, Salvador Antojado alias Badic, Domingo Polinga @ Doming, Wilfredo Manto @ Doydoy, Carlos Carrozo @ Dongdong, Precilo Manto @ Ontoy and Claver Carrozo @ Claver, P/Sgt. Rellin directed his subordinates to apprehend the suspects but they were unable to get them (pp. 4-6, TSN, Oct. 7, 1988; pp. 11, 23, TSN, April 22, 1988). On the same date, Dr. Ernesto Lajara, Municipal Health Officer of Javier, Leyte conducted a post morten (sic) examination on the bodies of Ramon Robin Sr. and his wife. xxx " Dr. Ernesto Lajara, who conducted post-mortem examination on the bodies of the victims, submitted the following findings: "Post Mortem Examination Report" RAMON ROBIN, SR. Findings 1. Hack wound at the nape almost severing his neck. CAUSE OF DEATH: Hemorrhage [3] HERMINIA CERNA ROBIN "Post Mortem Examination Report" FINDINGS 1. Ligature mark around the neck. 2. Face swollen and ashen gray. 3. Lacerated wound at the right mastoid area. Measurement: Length -3 cm. Width - 1 cm. Depth - bone deep. 4. Incise wound at the left hand, between the left index finger and the left thumb. 5. Incise wound at the right deltoid area. Measurement: Length 2 cm. Width 1 cm. Depth- subcutaneous CAUSE OF DEATH: ASPHYXIA [4] Dr. Ernesto Lajara also examined the cadavers of Celso Robin, [5] Ramon Robin, Jr., [6] and Flocerfina Robin, [7] but did not find and report the definite cause of their death. He suggested to the Chief of Police that the matter be referred