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* SECOND DIVISION.
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NACHURA, J.:
Before this Court is a Petition for Review1 on Certiorari
under Rule 45 of the Rules of Civil Procedure, seeking the
reversal of the Court of Appeals (CA) Decision2 dated
October 17, 2008, which affirmed with modification the
decision3 of the Regional Trial Court (RTC) of Sorsogon,
Sorsogon, dated November 18, 1997, finding petitioner
Benjamin Jesalva alias Ben Sabaw4 (petitioner) guilty
beyond reasonable doubt of the crime of Homicide.
The Facts
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Version of the Prosecution
The testimonies of the prosecution witnesses are
essentially summarized by the Office of the Solicitor
General (OSG), as follows:
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VOL. 640, JANUARY 19, 2011 259
Jesalva vs. People
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22 Id., at p. 244.
23 Id., at pp. 262-263.
24 TSN, August 23, 1997, p. 7.
25 Id., at pp. 8-9.
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28 Also referred to as Dr. Antonio Dioneda and Dr. Antonio Dionedas in other
pleadings and documents.
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14. Dr. Wilhelmino Abrantes—He explained the different
kinds of injuries sustained by the victim. In addition, he stated
that since there were wounds sustained by the victim in the
dorsum part of the foot and sustained injuries on both knees,
upper portion of the back of the hand, the victim could have been
thrown off while unconscious.”29
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Our Ruling
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36 Supra note 1.
37 Rollo, pp. 100-102.
38 Id., at pp. 74-98.
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39 People v. Canton, 442 Phil. 743, 761; 394 SCRA 478, 490-491 (2002).
40 People v. De la Cruz, 344 Phil. 653, 660-661; 279 SCRA 245, 251
(1997).
41 Supra note 17.
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“After a thorough review of the records of the case, We find that the
circumstantial evidence proved by the prosecution, when viewed in its
entirety, points unerringly to [petitioner] Benjamin Jesalva as the person
responsible for the death of the victim Leticia Aldemo. Truly, the
following combination of the circumstances which comprised such
evidence forms an unbroken chain that points to [petitioner] and no
other, as the perpetrator of the crime, to wit:
1. [Petitioner] Benjamin Jesalva (who was previously courting the
victim Leticia Aldemo, and whom the latter advised to stop as she
was already married) together with Gloria
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42 People v. Manalo, G.R. No. 173054, December 6, 2006, 510 SCRA
664, 670.
43 People v. Matignas, 428 Phil. 834, 869-870; 379 SCRA 56, 85 (2002).
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