People V Cabodoc
People V Cabodoc
People V Cabodoc
vs. RODOLFO
DECISION
DAVIDE, JR., J.:
The accused filed a petition for bail and reinvestigation. The motion for
investigation was denied on 18 November 1991.
[2]
[3]
In its order of 31 January 1994, the trial court denied the petition for bail,
having found that the evidence of guilt against the accused was strong. At
also denied on 7 March 1994 the accuseds motion to reconsider the order
denying the petition for bail.
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tree. Appellant again stabbed Pendel with the balisong, hitting Pendel once more on
the left side of the chest (TSN, Mar. 8, 1993, p. 7). As Pendel fell down near the santol
tree, appellant tried to stab him for the third time. However, appellants balisong hit the
santol tree instead which cause it to break. Appellant then ran outside the fence of
Samarita and fled to the south, taking with him the handle of his balisong the blade or
pointed portion of appellants balisong was left on the santol tree (TSN, Mar. 8, 1993,
p. 8). The people on the vicinity shouted that help be extended to Pendel. Pendel was
brought to San Juan Emergency Hospital for treatment (TSN, Mar. 8, 1993, p. 9). He
was operated on but died during the operation (TSN, Nov. 16, 1993, p. 22).
Meanwhile, PO2 William Perez who was then in the house of his brother-in-law,
which is about six (6) meters away from the place of the incident, heard the shouts of
the people and went to the place of the incident (TSN, July 27, 1993, p. 7). When PO2
Perez reached the placed of the incident, the people pointed to appellant who was then
running as the one who stabbed the victim (ibid, p. 6). PO2 Perez arrested
appellant. Matira arrived and handed to PO2 Perez a balisong (Exh. C) and told him
that this is the balisong taken at the scene of the incident (TSN, July 27, 1993, p. 4).
Dr. Marilyn M. Umali-Tejada of San Juan District Hospital, San Juan, Batangas,
examined the cadaver of the victim and issued a Post-Mortem Examination, the
pertinent portion of which reads:
Findings:
1. 2.5 cm. incised penetrating wound 9th ICS mid-axillary line left directed
upward.
2. 5 cm. incised wound nipple line perforating the pericardium and left
ventricle (6 cm. length) perforating the left lungs (lower lobe 8 cm. length).
3. Hemothorax 4 liters
4. (+) Alcoholic Breath
Cause of Death:
Cardio Respiratory Arrest Secondary to Fatal Stabbed [sic] Wound (Exh. H; Record,
p. 25).
[9]
Mr. Alejandro Pendel, father of the victim, testified that in connection with
the death of his son, he spent P46,000.00 for hospital expenses, funeral
and burial expenses, and expenses during the nine-day novena, the 40th day,
and the one-year anniversary.
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APPELLANTS CONVICTION IS
NULL AND VOID FOR HAVING BEEN
RENDERED WITHOUT DUE PROCESS OF LAW
B.