04/02/2020
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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
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