4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly During trial, the prosecution presented the testimonies of Apollo Romero, PO3 Rodencio Sevillano, and Dr. Mario Gajardo as witnesses. Apollo Romero, a resident of Santolan Street, Kalookan City, Metro Manila, testified that on May 25, 1992 at about 8:00 A.M., he was home sitting by the window and drinking coffee when he saw four men in Santolan Street block the path of two Indian nationals (bombay) on a motorcycle. One of the men later identified as Oscar Conde poked a gun at the two Indians while his three companions approached and stabbed the Indians. He later identified the other two assailants as Alejandro Perez, Jr., and Allan Atis. He also saw Allan Atis take the goods[3] which were being sold by the two Indians on installment. After the stabbing, the four men fled from the crime scene towards Mabolo Street. The fourth assailant remained unidentified. Romero was about 25 to 35 meters away from the place where the crime was committed.[4] PO3 Rodencio Sevillano, testified that he was assigned with the Intelligence and Investigation Division (IID) of the PNP, Kalookan City. On May 25, 1992, he was told to investigate the abovecited incident. On May 30, 1992, the police arrested the three accused. Police recovered the weapons used in the robbery, when Felicidad Macabare, Conde's wife, went to the police station to talk to the accused. These weapons were discovered inside her bag after a routine inspection. Sevillano admitted, however, that they did not have a warrant of arrest when they apprehended the accused. Nor did they have a search warrant when they inspected Felicidad's bag and when they searched the house of a certain Jimmy where they found the stolen items.[5] Dario Gajardo, a doctor employed in the PNP Crime Laboratory Service at Station 4, Central Police District, Quezon City performed the post-mortem examination on the bodies of Sukhdev Singh and Biant Singh. He testified that the cause of death was cardio-respiratory arrest due to shock and hemorrhage secondary to stab wounds. Biant Singh sustained stab wounds on his lower stomach while Sukhdev Singh sustained stab wounds at the back and right portion of the ribs.[6] The defense presented five witnesses: Alejandro Perez, Jr., Oscar Conde, Allan Atis, Danilo Acutin and Anita Santos. Alejandro Perez, Jr. testified that Oscar Conde and Allan Atis were his townmates from Catbalogan, Samar. According to Perez, on May 25, 1992, at about 7:00 A.M., he went to the Madrigal Compound at Las Piñas, Metro Manila, to visit his cousin Danilo and apologize for not attending his uncle's 40th death anniversary and their fiesta. Upon his arrival they went to the Pulang Lupa Cemetery and visited the graves of his uncle and their grandfather. From the cemetery, they went home where they drank some beer until late afternoon. Together with Oscar Conde and Allan Atis, he was arrested in Tandang Sora, Quezon City on May 30, 1992.[7] Danilo Acutin corroborated Alejandro's testimony.[8] Oscar Conde testified that on May 25, 1992, he was in Barangay Polo Street, Parañaque mending his fishing net. He was with his wife, Felicidad Macabare; and his uncle, Tancio Loto. He said the police arrested Alejandro Perez, Jr., Allan Atis, Felicidad Macabare and him in Tandang Sora, Quezon City on May 30, 1992.[9] (Later reports indicated, however, that Felicidad was not among those arrested.[10]) Allan Atis stated that he was in MCU where he worked as a construction worker for a certain Romy Ramos on May 25, 1992. He denied having anything to do with the death of the two Indian nationals.[11] On December 15, 1993, the trial court rendered its https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52087 2/10