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75.) People v. Latag.docx - PEOPLE OF THE PHILIPPINES...

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PEOPLE OF THE PHILIPPINES, appellee vs . RICARDO LATAG ALIAS CARDO, appellant [G.R. No. 153213. January 22, 2004 Facts:: On December 31, 1999, at 7:00 in the evening, prosecution witness Alejandro Atienza, Armando Lumbera, Norberto Africa, Alfredo Lumbera, Angelito Africa, a certain Ka Nardo and Ka Efren, together with victim Judie Acosta were celebrating New Years eve at the back of the house of a certain Carlos Librea at Barangay Tanguay, Lipa City. The group was in a long table and happily drinking Gilbeys gin to welcome the new year. Victim Judie Acosta was at the left side of the long table and was seated between prosecution witness Alejandro Atienza and Jun Africa, at the far end left of the long table. While they were celebrating in a festive mood, a gunshot was heard coming from the direction of the left side of the long table they were occupying. Thereafter, prosecution witness Alejandro Atienza looked towards the direction where the gunshot was heard and saw accused-appellant Ricardo Latag holding a firearm (caliber .22) and standing behind the San Francisco shrubs which served as fence of the yard of Carlos Libreas house. The victim Judie Acosta shouted Kuya Caloy, may tama ako. He was hit at the left back portion of his armpit. Accused fled towards the east. The victim was later brought to the hospital by his father but later died due to the gunshot wound. The autopsy report showed that the cause of death was cardiorespiratory arrest secondary to hypovolemia secondary to gunshot wound. Ricardo Latag alias cardo averred that on December 31, 1999 at around 6:00 oclock in the evening, he was at the house of Cristino Kalaw looking for Romeo Kalaw to seek the latters help in applying for a job with a certain Mr. Puno. Since Romero was not home, Cristino accompanied him to the place where Romeo was. Upon seeing Romeo, he informed him of his intention. Cristino and he left at around 7:00 oclock in the evening. After parting ways with
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Cristino, he met his barkada, Jay Tolentino, who invited him to drink at the latters house. Jay
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