Evidence Cases.docx - G.R No 204894 Republic of the Philippines SUPREME COURT Manila upon two suspected robbers and shot it out with them PO2 Pangilinan

Evidence Cases.docx - G.R No 204894 Republic of the...

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Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No. 204894 March 10, 2014 PEOPLE OF THE PHILIPPINES, Appellee, vs. NOEL ENOJAS y HINGPIT, ARNOLD GOMEZ y FABREGAS, FERNANDO SANTOS y DELANTAR, and ROGER JALANDONI y ARI, Appellants. D E C I S I O N ABAD, J.: On September 4, 2006 the City Prosecutor of Las Piñas charged appellants Noel Enojas y Hingpit (Enojas), Arnold Gomez y Fabregas (Gomez), Fernando Santos y Delantar (Santos), and Roger Jalandoni y Ari (Jalandoni) with murder before the Las Pifias Regional Trial Court (RTC) in Criminal Case 06-0854. 1 PO2 Eduardo Gregorio, Jr. (P02 Gregorio) testified that at around 10:30 in the evening of August 29, 2006, he and P02 Francisco Pangilinan (PO2 Pangilinan) were patrolling the vicinity of Toyota Alabang and SM Southmall when they spotted a taxi that was suspiciously parked in front of the Aguila Auto Glass shop near the intersection of BF Almanza and Alabang-Zapote Roads. The officers approached the taxi and asked the driver, later identified as accused Enojas, for his documents. The latter complied but, having entertained doubts regarding the veracity of documents shown them, they asked him to come with them to the police station in their mobile car for further questioning. 2 Accused Enojas voluntarily went with the police officers and left his taxi behind. On reaching the 7-11 convenience store on the Zapote-Alabang Road, however, they stopped and PO2 Pangilinan went down to relieve himself there. As he approached the store’s door, however, he came upon two suspected robbers and shot it out with them. PO2 Pangilinan shot one suspect dead and hit the other who still managed to escape. But someone fired at PO2 Pangilinan causing his death. On hearing the shots, PO2 Gregorio came around and fired at an armed man whom he saw running towards Pilar Village. He saw another man, who came from the Jollibbee outlet, run towards Alabang-Zapote Road while firing his gun at PO2 Gregorio. The latter returned fire but the men were able to take a taxi and escape. PO2 Gregorio radioed for help and for an ambulance. On returning to his mobile car, he realized that accused Enojas, the taxi driver they had with them had fled. P/Insp. Ferjen Torred (Torred), the Chief of Investigation Division of the Las Piñas Police, testified that he and PO2 Teoson Rosarito (PO2 Rosarito) immediately responded to PO2 Gregorio’s urgent call. Suspecting that accused Enojas, the taxi driver who fled, was involved in the attempted robbery, they searched the abandoned taxi and found a mobile phone that Enojas apparently left behind. P/Ins. Torred instructed PO3 Joel Cambi (PO3 Cambi) to monitor its incoming messages. 3 The police later ascertained that the suspect whom PO2 Pangilinan had killed was someone named Reynaldo Mendoza who was armed with a .
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