Leyte, she just wanted to have a safe delivery of her baby; and that she was arrested in San Pablo, Laguna. 'Answering questions from the Court, Marivic said that she threw the gun away; that she did not know what happened to the pipe she used to 'smash him once'; that she was wounded by Ben on her wrist with the bolo; and that two (2) hours after she was 'whirled' by Ben, he kicked her 'ass' and dragged her towards the drawer when he saw that she had packed his things.' "9. The body of Ben Genosa was found on November 18, 1995 after an investigation was made of the foul odor emitting from the Genosa residence. This fact was testified to by all the prosecution witnesses and some defense witnesses during the trial. "10. Dra. Refelina Y. Cerillo, a physician, was the Municipal Health Officer of Isabel, Leyte at the time of the incident, and among her responsibilities as such was to take charge of all medico-legal cases, such as the examination of cadavers and the autopsy of cadavers. Dra. Cerillo is not a forensic pathologist. She merely took the medical board exams and passed in 1986. She was called by the police to go to the Genosa residence and when she got there, she saw 'some police officer and neighbor around.' She saw Ben Genosa, covered by a blanket, lying in a semi-prone position with his back to the door. He was wearing only a brief. xxxxxxxxx "Dra. Cerillo said that 'there is only one injury and that is the injury involving the skeletal area of the head' which she described as a 'fracture'. And that based on her examination, Ben had been dead 2 or 3 days. Dra. Cerillo did not testify as to what caused his death. "Dra. Cerillo was not cross-examined by defense counsel. "11. The Information, dated November 14, 1996, filed against Marivic Genosa charged her with the crime of PARRICIDE committed 'with intent to kill, with treachery and evidence premeditation, x x x wilfully, unlawfully and feloniously attack, assault, hit and wound x x x her legitimate husband, with the use of a hard deadly weapon x x x which caused his death.' "12. Trial took place on 7 and 14 April 1997, 14 May 1997, 21 July 1997, 17, 22 and 23 September 1997, 12 November 1997, 15 and 16 December 1997, 22 May 1998, and 5 and 6 August 1998. "13. On 23 September 1998, or only fifty (50) days from the day of the last trial date, the Hon. Fortunito L. Madrona, Presiding Judge, RTC-Branch 35, Ormoc City, rendered a JUDGMENT finding Marivic guilty 'beyond reasonable doubt' of the crime of parricide, and further found treachery as an aggravating circumstance, thus sentencing her to the ultimate penalty of DEATH. "14. The case was elevated to this Honorable Court upon automatic review and, under date of 24 January 2000, Marivic's trial lawyer, Atty. Gil Marvel P. Tabucanon, filed a Motion to Withdraw as counsel, attaching thereto, as a precautionary measure, two (2) drafts of Appellant's Briefs he had prepared for Marivic which, for reasons of her own, were not conformed to by her.

Select target paragraph3