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EVIDENCE

2. G.R. No. 170583 September 12, 2007

ERNESTO M. FUERO, pet!t!o"er,

#$.

%EO%E OF T&E %&II%%INES, re$po"'e"t.

State Prosecutors Vs. Muro236 SCRA 505

(EST EVIDENCE

PACIFICO B. ARCEO, JR vs. PEOPE OF !"EP"IIPPI#ES. $.R. #o. %&26&%. Ju'( %), 2006.

V!))*re+ Tr*"$!t #. FerrerG.R. No. 238-3Ot 2- 1-/8

Dotr!"e

Te re!$!te$ 4or te *'m!$$!b!)!t+ o4 $eo"'*r+ e#!'e"e e" te or!6!"*) !$ !" te

$to'+ o4 te *'#er$e p*rt+ *re * te *'#er$e p*rt+$ po$$e$$!o" o4 te or!6!"*)9

b re*$o"*b)e "ot!e to te*'#er$e p*rt+ to pro'e te $*me9 $*t!$4*tor+ proo4o4 !t$ e:!$te"e9 *"' ' te 4*!)re or re4$*) o4 te*'#er$e p*rt+ to pro'e te

or!6!"*) !" ort. &oe#er, !t !$ "ot "ee$$*r+ 4or * p*rt+ $ee;!"6 to

!"tro'e$eo"'*r+ e#!'e"e o $o t*t te or!6!"*) !$ !" te *t*) po$$e$$!o" o4

te *'#er$*r+. Ne!ter !$ !tre!re' t*t te p*rt+ e"t!t)e' to te $to'+ o4 te

!"$trme"t, po" "ot!e to pro'e !t, *'m!t *#!"6 !t!" !$ po$$e$$!o"

%

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PEOPE OF !"E P"IIPPI#ES, plaintiff-appellee,vs.JOSE SIVES!RE ( CR+, accused-appellant.

FAC!S-

JOSE SIVES!RE shoot one Luisito Palencia hitting him four (4) times on the different parts of his body, as a

consequence said Luisito Palencia, sustained injuries hich directly caused his death.

!he prosecution presented three itnesses" the victim#s ido, $arina Palencia% an eyeitness to theshooting, &elicitas !orres% and the arresting officer, 'P *enjamin +uerubin.

$arina Palencia testified that she as the ido of the victim, Luisito Palencia% that they have three children"arry, % /egine, 0% and 1armille, % and that hen he as alive, he as employed as an installer andrepairman of P.L.2.!. earning P4,33. a month. 5s a consequence of the death of her husband, she hadincurred actual e6penses in the amount of P00,7..

&elicitas !orres testified that on "47 a.m. of 8anuary , 990, she bought bread from the 1oncepcion *a:eryin $alabon, $etro $anila. ;hile aiting for a ride in front of the said ba:ery, she observed a man and a omantal:ing ith each other. 'he then heard to shots fired. ;hen she turned her head, she sa a man on the

ground face don and beside him, a man holding a gun. 'he sought cover

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correct in admitting only the e6istence and contents and not the truth or veracity of the unsorn statementof $atias as an

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appellant had physical mar:s of maltreatment. =t did not as: the appellant hen he as arrested, ho

arrested him, ho and here he as interrogated, hether he as medically e6amined before and after

his interrogation, etc. =t limited its efforts trying to discover late body mar:s of maltreatment as if

involuntariness is caused by physical abuse alone.

&urther, there are physical evidence to prove Eha>ie as raped. !hese consists of a pillo ith

bloodstains in its center 4 and the !-shirt 7 of the accused colored hite ith bloodstains on its bottom.

!hese physical evidence are evidence of the highest order. !hey strongly corroborate the testimony of

Luisa /ebada that the victim as raped.!hese are inadmissible evidence for they ere gathered by P?

2anilo !an of the =loilo 1ity PBP as a result of custodial interrogation here appellant verbally confessed

to the crime ithout the benefit of counsel.