That on or about August 1, 1982, in the Municipality of Rosario, Province of La Union, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with firearms, conspiring, confederating and mutually helping one another, with evident premeditation, and treachery, did then and there feloniously, with intent to kill, attack, assault and shot (sic) the victim Antonio G. Tabora, a lawyer and member of the Sangguniang Panglunsod (sic) ng Baguio City, Philippines, causing the instantaneous death of the said victim Atty. Antonio G. Tabora. 1

For sometime prior to the date of the commission of the crime, the relationship between the family of the victim Atty. Antonio Tabora and the family of the late mayor Jose Madriaga (father of accused) had been strained by the question of ownership and management of the Rosario cockpit, the former claiming full payment on the purchase price of the cockpit and the land where it stood, while the latter claiming otherwise (pp. 232-250, TSN, Sept. 19, 1983). This, in addition to the incident on the afternoon of August 1, 1982 wherein Atty. Tabora admonished Conchita Madriaga, sister of the accused to get down from the railing of the cockpit causing the latter's embarassment (p. 97, TSN, May 2, 1983); the quarrel between Conchita Madriaga and the daughter of the deceased, Rose Ann Tabora (pp. 32-34, TSN, Jan. 7, 1983); and the threat of Napoleon Madriaga, brother of the accused that if you are fighting us, you cannot come out from this cockpit alive' (p. 46, TSN, April 4, 1983); all culminated in the fatal shooting of Atty. Antonio Tabora. 8

1. Federico Laroya testified that on August 1, 1982 at around 7:00 o'clock in the evening, he was in Sto. Tomas, La Union. He went to the house of one Joe Reyes because he learned that Joe was going to Manila and he wanted to share a ride with Joe but the latter told him that be was not going to Manila but to Baguio. He (witness) told Reyes that if he was going to Baguio be will ride with him up to Saytan, Rosario, La Union. Upon reaching Saytan at past seven o'clock, he alighted at the northwestern junction of the road at Saytan and started to walk to the sourthern junction so that he could wait for a ride coming from the north or from Baguio going to Manila. When be was about twelve meters away from the northern fence of the cockpit, he heard gunshots so he sat down on the northwestern side of the road. He saw three persons coming out from the bougainvilla plants which were one meter from the fence at the northern corner of the cockpit in Saytan. When the three persons emerged from the bougainvilla shrubs, one of them proceeded to the west, while the other two persons proceeded north and then went towards the east. He did not recognize the person going towards the west but he recognized the two persons who proceeded northward and then eastward as he was only around three meters from the two persons when they passed him. They were Gerry Madriaga whom he Identified in open Court and Patrolman Milana; that he recognized them be- cause there was a light coming from the Tourism Complex; there were many lights in the cockpit and there was a house nearby that was closed but with a light. He had known Gerry Madriaga for more than three years, having seen him either in the cockpit or at the crossing in Saytan. After the two persons passed by, he proceeded to the south and while passing the cockpit he noticed that somebody was being helped inside the cockpit; that he continued going southward where he was able to ride on his way to Manila. 15

2. Rose Ann Tabora declared that the victim Antonio Tabora was her father. On August 1, 1982 at around 4:00 o'clock in the afternoon she was in her mother's restaurant located inside the cockpit at Saytan, Rosario, La Union. After taking her merienda she was on her way to the ticket booth when she was confronted by Chita Madriaga, older sister of accused Gerry Madriaga. Chita was hysterical and she was cursing her (witness) family; that Chita got a spoon and fork which she pointed to her face but because she turned her head sidewise to the right, she was not hit; that she told Chita how dare she did (sic) that to her; that Chita replied that she would kill her (witness). Around 5:00 o'clock that same afternoon, her father instructed her to go inside the ticket booth. At that moment, Gerry Madriaga was on the verge, of attacking her, hitting the ticket booth but his friend controlled him. It was about 5:30 to 6:30 o'clock when she went to the Tourism Complex with one Manang Coring that at approximately 7:00 o'clock p.m. she and her companion heard shots coming from the direction of the cockpit. She began to run towards the cockpit but Manang Coring stopped her before she could cross the street by pulling her arm. She then stayed at the Tourism Complex where after a while, Atty. Peralta and her cousin informed her that her father was shot. When she was stopped from going to the cockpit as she was about to cross the street, she saw Gerry Madriaga standing at the right side corner of the cockpit before crossing the street, walking briskly towards the north. When Gerry crossed the street, she was three to four meters away from the said accused whom she had known one month before this incident and that she was able to recognize him although it was already past seven o'clock in the evening because there was sufficient light coming from the cockpit, the porch light of a house beside the cockpit and the light from the electric post at the Tourism Complex. 16

3. Edna Magat testified that at around 4:00 o'clock in the afternoon of August 1, 1982 which was a Sunday afternoon, she was at the cockpit arena in Rosario, La Union; that while she was there, an altercation occurred between Rose Ann Tabora, daughter of the late Atty. Antonio Tabora and Chita Madriaga, daughter of former Mayor of Rosario, La Union and sister of the accused Gerry Madriaga whom she (witness) Identified in Court; that Chita Madriaga had just come from the gallery of the cockpit at around four o'clock in the afternoon while Rose Ann Tabora had just taken her merienda in the canteen; that Rose was laughing and Chita thought that she was the one being laughed at by Rose; that Chita said why are you laughing at me and Rose replied that she was not doing anything against her; that Chita Madriaga took two table forks and pointing the forks at the face of Rose Ann Tabora, she said 'I will kill you'; that after arguing with Rose Ann, she went infront (sic) of her (witness) and approached her mother saying tell that woman that she should not appear here anymore'; that she (witness) was just standing infront (sic) of her mother but Chita pointed to her and said 'You are also one of them; that after answering Chita that she should not blame them because they were not minding her, Chita tried to throw a bottle at her; that when Chita failed to hit her, Napoleon, a brother of the accused Gerry Madriaga pointed at her and said 'If you are fighting us you cannot come out of this cockpit alive'. During the altercation between Rose Ann Tabora and Chita Madriaga, Gerry and Napoleon Madriaga were present. 17

4. Socorro Villanueva declared that since December, 1980 she was a gatekeeper or porter at the cockpit in Rosario, La Union. On August 1, 1982 at 8:00 o'clock in the morning, she was in the cockpit. At around four o'clock the customers were already going home and at six o'clock, she went out with Rose Ann Tabora because they were sent by Atty. Tabora to go aboard their car which was parked infront (sic) of the stairs of the Tourism Complex. At around 7:00 to 7:30 o'clock, she heard firing and shots. During the shooting, Rose Ann Tabora tried to run towards the cockpit but she (witness) held Rose Ann's hand so that she was not able to cross the road. After the shooting, one Atty. Perasta went to them and told them not to worry about Atty. Tabora but that the latter was placed on a pick-up vehicle. She saw accused Gerry Madriaga whom she had known since December, 1980, running away from the northeast corner of the cockpit. Although it was already 7:30 o'clock she was able to Identify and recognize Gerry Madriaga because of the light of the Tourism Complex and all of the lights in the cockpit. 18

5. Dr. Arturo Llavore, the NBI medico-legal officer in San Fernando, La Union, was presented by the prosecution to establish the fact of death and cause of death of the victim, Atty. Antonio Tabora. Dr. Llavore declared that he conducted an autopsy on the body of the deceased Atty. Antonio Tabora y Gonzales in a funeral parlor in Agoo, La Union upon the request of Capt. Juan Refe 11, commanding officer of the 146th PC Company at Agoo La Union. The cause of death was hemorrhage, intra-cranial, severe, secondary to gunshot wound, head, left side. The witness confirmed his findings appearing in Exhibit 'B', the Autopsy report which he Identified, together with his signature (Exhibit 'B-l') and the signature of NBI Regional Director Oscar de Leon (Exhibit 'B-2'). He further stated that he found one gunshot wound at the left temporal region. The bullet that caused the wound was recovered in the back portion of the head, left side. There was no gunshot wound of exit. Per his findings, there was no evidence of close firing due to the absence of gun powder and the distance between the muzzle of the gun and the victim was beyond 2 1/2 meters and it is possible that the assailant was 20 meters away from the victim or even farther. The bullet that was recovered at the back of the head of the deceased was composed of three fragments; two small ones and one big fragment which was lodged at the exterior portion of the left side of the head. The fragments were irregularly shaped and even the bigger one was badly deformed. The possible cause of the fragmentation of the bullet into three pieces was the fact that the bullet came in contact with the bone and during the contact or impact of the bullet with the hard surface of the bone, it had (the) tendency to split and some of the smaller fragments were imbedded in the area near the entrance while the bigger one which had bigger force was imbedded inside the occipital region. 19

6. Gumersindo Perez, declared that he is the incumbent barangay captain of Poblacion, Rosario, La Union. On August 1, 1982 between 3:00 o'clock and 3:30 o'clock p.m. he was at the pintakasi or cockfights at Saytan, Rosario, La Union. He bet twice but lost and so he went to eat at the "carinderia' belonging to the wife of Barangay Captain Vincing Madriaga. . . . While they were in the "carinderia" he saw Chita Madriaga talking with Napoleon who are the sister and brother, respectively, of the accused Gerry Madriaga. Both Chita and Napoleon proceeded to the cockpit arena. While the witness and his companions were still eating, Chita and Napoleon came back expressing their disappointment over an announcement made by Atty. Tabora. Chita said in Ilocano: 'Why are they putting us to shame we the Madriaga family Atty. Tabora had addressed her and said 'Miss Madriaga you get down Chita further said: This is ours (referring to the cockpit), not theirs. While the daughter of Atty. Tabora was at an open space adjacent to the restaurant, Chita Madriaga approached her in an angry manner and said, why are you the owner of this arena?' Then they quarreled but they were later on pacified. When the cockfights were over, the witness was about to go home when he saw the pickup vehicle of his brother. When he found his brother in the arena, the witness told him that he wanted to ride home with his brother. However, his brother Ricardo Perez wanted to talk to Atty. Tabora and while his brother was waiting for his tum to talk to Atty. Tabora, the witness sat on a bench with his brother, the carpenter, councilman Peralta and others, while Atty. Tabora was standing infront (sic) conversing with them. All of a sudden, the witness heard a gunshot. This was followed by a second and a third shot. After the third shot, he saw Atty. Tabora turning around and later saw him with blood oozing from his face. Only then did the witness realize that Atty. Tabora was hit. The gunshots came from the north. When the witness saw Atty. Tabora with blood on his face, his reaction was to duck but he saw Atty. Tabora being held by their carpenter companion. The witness then told his brother to bring Atty. Tabora to the hospital and so they carried Atty. Tabora to the pickup of his brother. Among the children of the late Mayor Madriaga whom he saw in the cockpit were Nap, Chita and the accused whom he identified in court. 20

7 Jose Jaravata declared that he is a production technician of the Ministry of Agriculture. On August 1, 1982 at around 3:00 o'clock in the afternoon, he was inside the cockpit located in Camp 1, Rosario, La Union, where after betting five times he went to a table east of the 'carinderia' to drink beer . . . They drank beer at the carinderia of Mrs. Madriaga, wife of former Mayor Jose Madriaga, for about one hour. Afterwards, he beard Mrs. Madriaga tell her daughter Conchita whose nickname is Chita that Vincent was already there. Chita went out while he (witness) also went out to answer the call of nature. Chita went out first and he followed one meter behind Chita who proceeded to where her elder brother Vincent was. Vincent was infront (sic) of the steering wheel inside a car which was parked about four meters from the gate of the Cockpit, facing south. When the witness went to urinate on the right rear wheel of the vehicle, he overheard Chita saying to her brother "How is this brother, we now act (garawen) that he heard Vincent say to his sister its up to you now don't involve me because I am already tired with troubles.' . . . 21

8. Osmundo Bundang declared that at around 3:00 o'clock in the afternoon of August 1, 1982 he was in the Rosario Cockpit arena because he brought his cock there to participate in the cockfighting. He placed a bet on his cock which was accepted by bettors for the other cock. When the fight was about to start, he (witness) was about to unsheath (sic) the gaff of his cock but Atty. Antonio Tabora suddenly stopped the fight and took a microphone and he said: 'Miss Madriaga please go down from the fence and if possible please come here and I will give you a seat'. Atty. Tabora addressed this to Miss Madriaga who was seated at the railings of the arena and so Miss Madriaga went down from the railings. Subsequently the witness' cock lost. When he went down to count his money, many people were running at the ticket booth because there was some trouble. 22

9. Atty. Clarence Villanueva testified that on August 1, 1982 he was at the cockpit in Rosario, La Union, arriving at around 1:00 o'clock in the afternoon to bet in the cockfight. He stayed there until 7:00 o'clock. . . . Atty. Tabora told him to stay for a while so that he can witness his (Atty. Tabora's) conference with Mrs. Madriaga. The subject of their conference was about his prohibiting Mrs. Madriaga from further selling beer inside the cockpit. Atty. Tabora then proceeded to the place where Mrs. Madriaga was but when he returned he told him (witness) that Mrs. Madriaga was not amenable to discontinue selling inside the cockpit so Atty. Tabora told him that he is going to file a case of trespass against Mrs. Madriaga. . . . 23

On cross-examination, the witness stated that the residence of the accused Jose Madriaga IV alias Gerry in Saytan, Rosario, La Union, is only 400 meters from the cockpit and that only the Tourism Complex is between the residence of the Madriagas and the cock pit. 24

11. Primitivo Arciaga declared that on the morning of August l, 1982 he was in the cockpit at Saytan, Rosario, La Union, because he is employed as a bet taker in the cockpit. At around 3:00 o'clock in the afternoon he saw Chita Madriaga, sister of the a Gerry Madriaga, seated on the railings which served as divider of the ring side and the gallery; that Atty. Antonio Tabora told Chita if possible that she should go down from the railing because she might fall but Chita did not answer and so Atty. Tabora repeated his request saying 'Miss Madriaga you should go down, there is an available seat for you here' referring to a seat in the ring side but she did not make any reply. He just went out of the arena but returned to the gallery and took hold of the microphone and made several announcements to the effect that he would not have bought the cockpit had it not been for the request of the father of the Madriagas, he bought it because he wanted to help the former, referring to the Madriaga family. When the cockfights ended at around 15 minutes to 6:00 o'clock there were still about 10 to 12 people who were in the restaurant inside the cockpit. While be was in the restaurant, the witness heard two gunshots and then saw Atty. Tabora turning around. A few seconds later, he heard three more successive shots. Atty. Tabora fell at the end of a table and that after three to five minutes later, Atty. Tabora was loaded in the pickup of Carlito Perez. 25

12. Rogelio G. Munar declared that he is a senior ballistician of the National Bureau of Investigation since 1970; that 2 firearms were submitted for examination, one Smith and Wesson revolver caliber .38 with Serial Number 88721 (Exhibit 'J') and another Smith and Wesson revolver Serial Number 8837 (Exhibit 'J-l'). After comparing the evidence bullet (Exhibit 'G') and the test bullet fired from Exhibit 'J', it was found out that they possess similar individual characteristics markings; that in Exbibit 'J-1', the bullet submitted was not fired from this particular firearm due to congruencies (sic) of individual markings found on both evidence bullet (Exhibit 'G') and those found in the test bullet. He concludes that Exhibit 'G' was fired from Exhibit 'J.' 26

13. Camilo Tabora declared that he knows the late Mayor Madriaga and his wife Mrs. Marcela Madriaga; that the deceased Antonio Tabora was his brother. He is the Manager of the Agoo Rural Bank which had a transaction with the Madriaga couple whereby the latter borrowed from the bank and mortgaged 3 parcels of land sometimes in 1977 and subsequently 2 parcels of land in 1979, which lands were all located in Rosario, La Union. The lands were agricultural lands one of which was where the cockpit is located. On March 5, 1982 Mrs. Madriaga came to the bank to redeem the parcels of land including the property on which the cockpit was built. The bank cashier received payment in the form of check and cash but since he (witness) was informed that his late brother had bought one of the properties he called up his brother who told him that the property on which the cockpit was located was bought by him. . . . Mrs. Madriaga was not able to redeem the land because Atty. Tabora paid the obligation; that Mrs. Madriaga came on two occasions to ask for the release of the properties to her but he told her that the case will be referred to the bank's legal counsel. A petition for mandamus was filed by Atty. Tabora which was granted by the Court and so the title to the property was released to Atty. Tabora. A case was also failed by Mrs. Madriaga against the Rural Bank pending trial in Court docketed as Civil Case No. 834 and which case was already filed in Court as of August 1, 1982. 28

14. Major Rufino Boadilla was recalled to the witness stand and testified that Memorandum Receipt dated May 10, 1981 of a firearm with Serial No. 88721 (Exhibit 'L') was issued to Pat. Emilio Milana; that another memorandum receipt dated June 10, 1982 (Exhibit l') showed the same firearms was re-issued to Pat. Emilio Milana because the previous memorandum receipt was cancelled on February 10, 1982. On August 13, 1982 a turn-in receipt was signed by Pat. Pedro Japson, Jr. on recommendation of the Provincial Commander (Exhibit 'L-2'). 29

15. Rolando M. Tubal testified that he is an NBI fingerprint Technician assigned with the NBI Regional Office in San Fernando, La Union. On August 3, 1982 upon the request of Capt. Juan Refe II and by order of the NBI Regional Director Oscar de Leon he conducted paraffin casts on the persons of Jose Madriaga alias Napoleon and Jose Madriaga IV alias Gerry; that he performed the paraffin cast at about 10:00 o'clock in the morning of August 3, 1982 at the NBI Office at San Fernando. After removing the paraffin wax from both hands of the defendant, he labelled the same and placed them in a box and forwarded them to the Forensic Section, NBI Central Office, Manila. He personally submitted the specimen to the Central Office for examination; that he brought the specimen and request for technical service in the Forensic Section . . . 30

On cross examination, she stated that it is possible that nitrate could be contaminated with (sic) the hand even with the striking of a match but the appearance would not be the same; that contamination of nitrate with the hand could be acquired by handling fertilizers but the appearance of gun powder is different from nitrates coming from fertilizers, matches and other sources. 31

17. Rosemarie Tabora declared that she is the widow of the deceased Atty. Tabora. She knows the accused Gerry Madriaga whose parents are the spouse Jose Madriaga and Marcela Madriaga; that the real name of the accused is Jose Madriaga IV. In the later part of November, 1980, she and her husband were offered by the spouses Mayor Jose Madriaga and Marcela Madriaga the sale of the cockpit in Rosario, La Union and the lot where it stands; that the price agreed upon was P 160,000.00 with a down payment of P 31,500.00 and the balance payable by monthly installments of P10,000.00 that the entire installment was paid on October 2, 1981; that aside from these, she and her husband paid P 3,000.00 for the renewal of the license of the cockpit for 1981. Upon paying the down payment and the license, they (witness and her husband) took over the operation of the cockpit in the month of February, 1981. They spend (sic) P200,000.00 for the expansion and renovation of the cockpit. The distribution of beer and operation of the restaurant located inside the cockpit was continued by Mrs. Marcela Madriaga. After the death of Mayor Madriaga in January, 1981, the monthly installment of the cockpit was paid to Mrs. Madriaga; that Mrs. Madriaga was allowed to continue operating the restaurant and the distribution of beer up to the town fiesta of Rosario as sort of assistance because Mrs. Madriaga needed funds during the examination of her children, for hospitalization and surgery for Gerry Madriaga who figured in a tricycle accident and to settle the case of lawyer Jose Madriaga who shot somebody; that she allowed the operation of the restaurant after the town fiesta upon the pleading of Mrs. Madriaga for several extensions. However, on March 4, 1982, she asked Mrs. Madriaga to turn over the selling of beer to her in order that she could recover the expenses incurred in renovating the cockpit but Mrs. Madriaga got hysterical and starting cursing and saying bad words in Ilocano to the effect that she (witness) did not yet own the cockpit yet and that she is greedy and wants to take over the management of the restaurant; that Conchita Madriaga and barangay captain Vincing Madriaga, one of the sons of Mrs. Madriaga intervened during the discussion in defense of their mother. . . . On March 15, 1982 her husband consulted Atty. Aquitania, a lawyer in Baguio City regarding the trouble in the cockpit and so Atty. Aquitania wrote a letter addressed to Chita Madriaga (Exhibit 'P') because of incidents regarding stoning of the cockpit and that the children of Mrs. Madriaga especially Chita Madriaga used to provoke the employees of the cockpit. As a result of these incidents, her husband employed security guards from a security agency in Baguio City (Exhibit 'Q'); that four days before her husband was killed, Atty. Aquitania made another letter (Exhibit 'P-l') addressed to Mrs. Marcela Madriaga; that reports were made by security guards (Exhibit 'Q- 1','Q-2' & Q-3') to the effect that Mrs. Marcela Madriaga and Chita Madriaga insisted to bring (sic) beer inside the cockpit. Sometime in July, 1982, when she came from Manila with her children and when they reached Rosario they noticed lights of the cockpit were on. Upon inquiring from the caretaker, she learned that her husband summoned a policeman for assistance earlier because of some problems with the Madriagas and which her husband caused to be entered in the police blotter (Exhibit 'R). When the witness and her companions were about to alight from her car, several stones fell on the roof of the gate and so they sought shelter in their car; that they noticed Mrs. Madriaga infront (sic) of the police outpost which was 20 to 30 meters from the place where their car was parked near the gate of the cockpit. . . . After ten minutes her husband arrived telling her that he just came from Rosario because he had to accompany back the policeman whom he summoned for assistance, as earlier, Conchita Madriaga tried to do bodily harm to him. After a few minutes, Mrs. Madriaga, Vincing Madriaga and his wife arrived, and came over to where she was conversing with her husband. She notice that Conchita Madriaga and Gerry Madriaga were across the street. Mrs. Madriaga, Vincing Madriaga and his wife came because her husband had earlier informed them that the operation of the restaurant and the distribution of beer in the cockpit was to be decided by her (witness) but when she was about to answer them her husband told her not to make any commitment because of the incidents going which made him change his mind. After that, Vincing Madriaga said that they wanted the cockpit to be returned to them and that they have a reason to get back the cockpit because they have consulted several lawyers and that they will give back the money they had taken in the amount of P160,000.00 but her husband countered that he had spent much for the renovation. . . . Atty. Tabora then said it was getting late and suggested that they have another conference on July 20 and although they appeared in that conference at the Tourism Complex, the Madriagas did not appear. Her late husband Atty. Tabora was 54 years old on July 24, 1982. They have seven children, four girls and three boys. Her husband had served two terms as Councilor of Baguio City, owned an iceplant and a cockpit in Tuba, Benguet. 32

18. Claribel Salinda testified that she had known the accused Jose Madriaga IV alias Gerry whom she Identified in Court, for more than two years; that the deceased Atty. Antonio Tabora is her brother in-law; that she used to be a ticket seller of the cockpit in Saytan, Rosario, for more than one year starting in December 1980. Sometime in the middle part of March, 1982, while she was inside the cubicle in the cockpit where she used to issue tickets the cubicle was stoned and that three to four stones were thrown successively. After the stoning, she saw the accused with three other persons infront (sic) of the cubicle going inside the cockpit coming from the same direction where the stones came from. . . . Sometime in the month of April, 1982, while she was still a ticket seller, she witnessed another incident where Gerry Madriaga mauled Leonardo Directs, a former caretaker in the eatery located inside the cockpit. She (witness) was talking to Leonardo Directs, at the time regarding cases of beer missing in the cockpit; that Napo and Gerry used to get beer on occasions. As soon as Directs mentioned the name Gerry, the latter suddenly grabbed him on his collar, and pushed him and fell to the ground; when he fell, he (Gerry) started kicking him until his mouth bled; that Directs did not do anything and did not move while he was being mauled by Gerry. . . . During the first Sunday of June, 1982, she was in the eatery inside the cockpit when Mrs. Madriaga came and told her that she resented the operation of the eatery and distribution of beer which was then being operated by her sister, Atty. Tabora and herself. She told Mrs. Madriaga that she should talk to Atty. Tabora, owner of the cockpit; that when Mrs. Madriaga left the cockpit Vincing Madriaga came and asked his aunt Mrs. Molina what she (witness) had done to his mother but Mrs. Molina told him that she (witness) did not do anything to his mother and it was Mrs. Madriaga who came to the cockpit and shouted at her; that when Vincing left the cockpit, accused Gerry Madriaga arrive at around three o'clock in the afternoon; that after talking to a meat vendor at the back of the cubicle, he went to Mrs. Molina and took an ice pick from the ice box. 'Me meat vendor told her (witness) that Gerry was looking for a bolo; . . . that Mrs. Molina who is a younger sister of Mrs. Marcela Madriaga talked to Gerry and told him not to do anything. In June, 1982 another incident took place wherein Gerry Madriaga poured beer on the head of one named Fernandez while he was inside the cockpit. Although Fernandez wanted to fight back, he was not able to do so. 33

19. Melchor Acosta testified, that he has been connected with the NBI since April, 1976 continuously up to the present. He was assigned to the NBI Regional Office in San Fernando, La Union in October, 1981; that his office investigated the killing of Atty. Tabora and their investigation consisted of summoning witnesses and suspects and then took sworn statements, paraffin examination on the hands of suspects and submitted firearm for ballistics examination; that paraffin casts of the hands of Jose Madriaga IV alias Gerry, Jose Madriaga II alias Napoleon, Vivencio Madriaga and a PC Sergeant were taken. When the paraffin casts of Jose Madriaga IV was taken on August 3, 1982 he was present and he noticed that Gerry was very reluctant to submit himself, he was nervous and perspiring and if possible he did not want to have his paraffin cast taken. 34

20. Camilo Refuerzo declared that in the morning of August l 1982 he was in the cockpit in Saytan, Rosario, La Union, owned by Atty. Antonio Tabora. He arrived in the cockpit at 9:00 o'clock in the morning and left at 6:00 o'clock in the evening. He acted as bet taker (cristo) during the cockfights and as such, he stayed inside the arena with Atty. Tabora and one Primo Arciaga. . . . At about 3:00 o'clock p.m., he saw Conchita Madriaga at the railings surrounding the arena at a height of five meters. When Atty. Tabora saw Conchita, be addressed her through the microphone telling her to come down as she might fall and he will give her a seat in the ringside. Conchita went out of the arena apparently frowning. After a while, a security guard called Atty. Tabora because Conchita Madriaga was quarreling with his daughter. Atty. Tabora went out but upon returning, he took the microphone and made an announcement to the effect that he had already settled in full his obligations in the cockpit including his indebtedness in the Agoo and Rosario Rural Banks. While delivering his announcement Atty. Tabora was angry as his face was reddening and his lips were trembling. Before the cockfights ended, Atty. Tabora told him (witness) to remain for a while and to tell their companions from Damortis and the employees to remain in the cockpit because he sensed that something was going to happen. 35

Jose Madriaga IV testified that he is also called Gerry. In February, 1981 he was sideswiped by a motorized tricycle hitting his right foot. As a result of this, his right foot became short and thinner. He was hospitalized in the Baguio General Hospital where he was attended by Dr. Glorifino Juan. Until now his right foot has not returned to normal. On August 1, 1982 at about 1:00 o'clock in the afternoon he went to the cockpit at Camp 1, Rosario, La Union with Romeo Galimba. He left the cockpit and proceeded to the crossing of the roads leading to Baguio and San Fernando from Manila to buy beer grande, together with Romeo Galimba. At the road crossing, he saw George Holmes. After buying beer grande, he and his companions proceeded to Gerry's house at Camp 1, Rosario, La Union which was around 400 to 500 meters from the cockpit at Saytan, Rosario. They had their drinking session at the terrace of Gerry's house which was open and lighted. After arriving at his house, be went to the house of his aunt Felisa Eugenio to borrow her radio cassette. He was able to borrow but Felisa Eugenio told him to return the radio cassette when it is already dark. Returning home, he and his companions George Holmes, Jimmy Legaspi and Romeo Galimba were still drinking beer grande when his aunt Felisa Eugenio came to his house at 7:00 o'clock to get back her cassette. From the time he borrowed the cassette from his aunt up to the time his aunt came to his house, be never left the premises of his house at all. After the drinking session, the group dispersed and be went upstairs. He could no longer remember what he did after that because he was drunk. He does not know Emilio Milana. In the afternoon of August 1, 1982 he never met Emilio Milana. He only met Emilio Milana on December 17, 1982 when he was detained at the 146th PC Command headquarters. While he was detained at the provincial jail in San Fernando, La Union he was examined by Dr. Juan and Dr. Gallardo in the presence of Atty. Pedro Ofiana After his release from detention he was again examined by another doctor at Manila Orthopedic where he was x-rayed. During his lifetime he heard only the name of Atty. Antonio Tabora but did not know him personally. 38

Where the events constitute a compact mass of circumstantial evidence, the existence of every bit of which was satisfactorily proved, and the proof of each is confirmed by the proof of the other, and all without exception leading by mutual support to but one conclusion, the circumstantial evidence are sufficient to establish the culpability of the accused beyond reasonable doubt. 52

. . . In determining the sufficiency of circumstantial evidence to support a conviction, each case is to be determined on its own peculiar circumstances and all the facts and circumstances are to be considered together as a whole, and, when so considered, may be sufficient to support a conviction, although one or more of the facts taken separately would not be sufficient for this purpose (23 CJS p. 555). No general rule has been formulated as to the quantity of circumstantial evidence which will suffice for any case but that matters not. For all that is required is that the circumstances proved must be consistent with each other, and at the same time inconsistent with the hypothesis that he is innocent and with every other rational hypothesis except that of guilt. (People vs. Constants, 12 SCRA 653). 53