G.R. No. 141644 - PEOPLE OF THE PHILIPPINES, VS. ROLANDO PINEDA Y MANALO, CELSO SISON Y LLOREN (AT LARGE), VICTOR EMMANUEL GONZALES COLET ALIAS “VICTOR COLET” (ACQUITTED), TOTIE JACOB ALIAS “TOTIE” (AT LARGE), JOHN DOE AND PETER DOE (AT LARGE), ACCUSED, ROLANDO PINEDA Y MANALO.D E C I S I O N - Supr

Ruling

accordingly made as to whether they know persons by that name to which the San Jose del Monte police identified the man as Totie Jacob, a member of the gang of accused Rolando Pineda who with another companion named Celso Sison was said to be detained at the Municipal Jail of San Jose del Monte, Bulacan for another case of robbery. Proceeding to the said place the team found out that the duo were already out on bail. Thence, after the pictures of accused Pineda (Exh. B) and Sison (Exh. C) from the file of said Municipal Jail were shown by the Team to Ferrer, the latter positively identified the duo as two of the six (6) malefactors involved in the robbery with homicide in question (Karagdagang Salaysay dated 6 Nov. 1997 Exh. E-1). With the above findings together with the sworn statements of witnesses and the Joint Affidavits of SPO1 Carlito Alas and PO3 Napoleon Andaya (Exh. D with submarkings D-1 and D-2), as well as Affidavit of PO3 Celerino Susano (Exh. F with submarkings F-1 and F-2), and other pertinent documents such as the Death Certificate of victim (Exh. P with submarkings P-1 and P-2), the case against accused Rolando Pineda, Celso Sison, Victor Colet, Totie Jacob, and two Does, John and Peter, were referred to the Office of the City Prosecutor, Caloocan City for appropriate action by P/Supt. Cabiltes per referral slip dated 10 November 1997 (Exh. G with submarking G-1) which resulted in the filing of instant charge against the aforenamed accused after a preliminary investigation conducted by Asst. City Prosecutor Sancho G. Lomadilla. Per the record, the cadaver of the victim was autopsied on 16 October 1997 by Medico Legal Officer Dr. Ma. Cristina Freyra of the PNP Crime Laboratory Services, EDSA, Kamuning, Quezon City, per Request for Laboratory Examination of the Caloocan City Police Station (Exh. K) and the Certification of Identification and Consent for Autopsy (Exh. L) signed by the Private Complainant. Dr. Freyras findings was [sic] embodied in her Medico Legal Report No. M-1509-97 (Exh. M with submarkings M-1, M-2 and M-3) with its annexes, i.e. sketches of Human Head and Body (Exh. N with submarkings N-1 to N-4 and Exh. O with submarkings O-1 and O-2, respectively), which disclosed the following findings and conclusion: FINDINGS: Fairly nourished, fairly developed, male cadaver in rigor mortis with post mortem lividity at the dependent portions of the body. The conjunctiva are pale. The lips and nailbeds are cyanotic. HEAD, TRUNK, EXTREMITY: (1) Gunshot wound, left parietal region, measuring 0.8 x 0.7 cm just left of the midsagittal line, 167.5 cm from the heel, with an abraded collar measuring 0.1 cm uniformly, directed posteriorwards, downwards and medialwards, fracturing the left parietal and left sphenoid bone, lacerating both left cerebral hemisphere, with subdural and subarachnoidal hemorrhages. A deformed slug recovered embedded at the left sphenoid bone. (2