04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly however to crawl away and run to the Hilltop where he was able to ask for help before falling unconscious. Cogasi woke up to find himself confined at the Baguio General Hospital together with Clemente. There Cogasi learned that Lino and Adawan died from gunshot wounds in their heads. Cogasi himself suffered a gunshot wound at the neck, at the junction of his left jaw near the ear, while Clemente received two (2) gunshot wounds on his right shoulder with one (1) of the bullets being lodged just below his right eye. After their release from the hospital, Cogasi and Clemente filed a complaint with the NBI in Baguio City. On 8 July 1993, four (4) civilian males were presented to Cogasi for identification by the NBI, but he told them that the suspects were not among those present. Clemente did not participate in the identification process because of his eye injury. In the morning of 10 July 1993 Bangcado and Banisa reported for their regular rank inspection at the La Trinidad Police Station. The policemen were told to remain in formation after the inspection. Cogasi went around the formation four (4) or five (5) times before pointing to Bangcado and then to Banisa. Clemente also went around the formation but despite going around longer than Cogasi, Clemente was unable to identify anybody. Clemente started to point to James Tagle but withdrew his identification of him when some people then present laughed and shouted "Hoy!" and "Sabali!" meaning "Wrong!" or "Different!" Accused-appellants insist that Clemente could not have made a reliable identification of them at the NBI and La Trinidad line ups, nor even in open court, because his eye injury blurred his vision. The rule is that positive identification of witnesses prevails over the simple denial of the accused. It cannot be doubted that Clemente and Cogasi had a good view of the faces of the accused. From the testimonies of various witnesses, including PO3 Jimmy Baybay, one of the policemen who conducted Operation Kapkap, the Skyview Restaurant was well-lighted. Banisa himself testified that although the lighting may be "somewhat dim," he could still recognize a person from a distance of four (4) meters.[3] This is relevant considering that the two (2) groups were seated only one (1) table apart. Thus, Cogasi and his friends were able to recognize their assailants as the persons who came out from the Skyview Restaurant. The crime scene was illuminated by two (2) streetlights and the lights coming from the nearby Garden Inn and various sari-sari stores. The fact that the policemen who responded to the report of the incident had to use a flashlight in their investigation did not prove that the area was so dark as to preclude the identification of the persons involved. For one thing, the policemen had to be careful not to overlook any piece of evidence, such as a spent bullet. For another, SPO4 Antonio Naungayan of PNP Baguio City, who was part of the investigating team, testified on cross-examination that even if the area was not brightly lighted, one could still recognize people.[4] According to Clemente, he was only four (4) meters away from his attackers when they fired upon him and his friends. Cogasi was only 1-1/2 meters away while Adawan and Lino, who died on the spot, were each only about a meter away. It cannot be doubted that Cogasi and Clemente had enough time to take a good look at their assailants' faces who conversed with their victims, ordered them to fall in elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37955 2/16

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