mandirigmanglawschool-blog

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PEOPLE OF THE PHILIPPINES vs. GILBERTO VILLARICO, SR. @ "BERTING" et al. G.R. No. 158362, April 4, 2011

Doctrine:

Such identification, to be positive, need not always be by direct evidence from an eyewitness, for reliable circumstantial evidence can equally confirm it as to overcome the constitutionally presumed innocence of the accused.

Facts:

Haide Cagagtan was busy preparing dinner in the kitchen of his family’s residence. The kitchen, had a wall which was made of three-feet high bamboo slats arranged like a chessboard with four-inch gaps in between. At that time, Remedios saw all the accused as they stood at the rear of the kitchen aiming their firearms at the door. She was noticed by one of the accused and pointed the gun at her. At that instant, Remedios heard three gunshots. The father of Haide, Francisco, also heard the gunshots making him instinctively jump into a hole, from where he was able to see and recognize the accused who were then standing by the kitchen door. Lolita also heard the gunshots while she was in the sala. She recalled that Haide then came towards her from the kitchen, asking for help and saying:  I was shot by Berting.  He succumbed shortly, at the hospital due to hypovolemic shock or massive loss of blood.

Issue:

Whether or not identification, to be positive, have to be made by a witness who actually saw the assailants

Held:

No. The established circumstances unerringly show that the four accused were the perpetrators of the fatal shooting of Haide. Their identification as his assailants by Remedios and Francisco was definitely positive and beyond reasonable doubt. The statement of Haide to his mother that he had just been shot by the group of Berting – uttered in the immediate aftermath of the shooting where he was the victim – is a part of the res gestae. The statement was admissible against the accused as an exception to the hearsay rule under Section 42, Rule 130 of the Rules of Court. The term res gestae refers to "those circumstances which are the undesigned incidents of a particular litigated act and which are admissible when illustrative of such act.” In a general way, res gestae includes the circumstances, facts, and declarations that grow out of the main fact and serve to illustrate its character and which are so spontaneous and contemporaneous with the main fact as to exclude the idea of deliberation and fabrication. The rule on res gestae encompasses the exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or immediately after the commission of the crime when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement.

[mandirigmanglawschool-blog]

"Ayan puro inom kaya di nakakapag aral"

Ansakit. Ansakit kasi siyempre akala ko nagegets nila yung sitwasyon ko. Akala ko naiintindihan nila ako. Di pala. Di kasi nila alam yung hirap na dinadanas ko. Naiyak ako kagabi. Akala siguro nila puro pasarap. Puro leisure time. Akala nila madali. Sobrang hirap. Dito ko naranasan na 300+ pages yung kelangan basahin sa loob ng isang araw. Dito ko naranasan na aral na aral ka pero pangit pa din yung recit mo. Dito ko naranasan na gabi-gabi tumutulo yung luha ko pati uhog ko. Dito ko naranasan na kulang pa yung 100% mong dedikasyon. Walang playtime dito. Walang joke. Hindi masaya. Hindi rin malungkot. Pero masakit. Sobrang masakit.

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Tawagin niyo lang ako to make abot the payment 😄😄😄

HOW TO EAT BALUT THE PA-SOSYAL WAY

BALUT. Scientific Name: Fertilized Duck Egg with Appetizer Soup. It is also called “not a duck, not an egg, but in between.” But in our sosyal neighborhood, we call it “The Egg of Darkness.” We, Pinoys, love it because it is pampalibog.

For all the social climbers out there, i’m gonna teach you how to eat “The 15 pesos Shades of Gray" the sosyal way.

Make basag the top of the egg with a spoon. Make sure the spoon is sterilized.

Don’t eat the pearly shell. It’s from the ocean. Shining from the sand. 

Ask the magbabalot if they have balsamic vinegar. Then, you jakol the vinegar on the butas.

Make higop the amniotic fluid liquid and the laman from the hole. Don’t higop with sound. It is so unethical and no breeding at all.

Make laway the dulo of your daliri then make it dawdaw on the asin so you can make it supsop to add a salty taste when making laklak the remaing sabaw.

De-virginize the egg by making it butas pa a little more so that you can kagat the laman.

Don’t look at the eyes of the sisiw. You’ll be takot and maaawa at the same time. Like nakakaloka.

Pull the kawawang partially-formed sisiw on the shell and eat it like a predator. Say, “rawr!”

You punas your bunganga with your hanky to remove the bulbol of the sisiw.

Call Darla to make abot the payment.

[mandirigmanglawschool-blog]

October 12, 2015

Tatandaan ko tong araw na to. 😡😡😡😡😡😡 sobra talaga akong galit na galit ngayon ugh. As in galit na galit. Buti sana kung naibabalik yung oras eh. Half ng araw ko nasayang. As in nasayang talaga for nothing. Wala naman pala. Next time kung mag-aannounce kasi na may meeting iconfirm naman sana dun sa imemeet. Nakakahiya kasi samin na nadadamay sa desisyon mo mag-isa eh. Crap talaga. X.

[mandirigmanglawschool-blog]

That "nakatira ka na sa library" feeling

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Nakakawala po ng emosyon sa law school. Advisable talaga para sa mga nagmomove on to.