04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly However, the trial court ruled, and correctly so, that at the time of the police line-up, accused-appellants were not yet under the custody of the police agencies. Their rights had not yet been restricted or curtailed. The right to counsel attaches from the moment the investigation starts, i.e., when the investigating officer begins to ask questions to elicit information and confessions or admissions from the accused. From the testimony of the victims as well as from the physical evidence, it seems that SPO1 Bangcado was the lone gunman, while PO3 Banisa merely stood behind him with his gun drawn. In his testimony, Cogasi narrated how the shooting occured Q: You testified that the thin one who called himself Jose Bangcado pointed a gun at Leandro Adawan, what type of gun is (sic) that x x x x A: It was black and short. Q: What about the fat man at that time, was identified as Cesar Banisa, what was he doing at that time? A: He was also standing beside him and was holding his gun. Q: Would you illustrate to this Court how Jose Bangcado pointed a gun at Leandro Adawan? A: Witness stretch[ed] both his arms and clasped his hands together with the forefinger extended in front of him. Q: After you saw Jose Bangcado point a gun at Leandro Adawan, what else transpired, Mr. Witness? A: He suddenly fired his gun. Q: To whom Mr. Witness did he fire his gun? A: He fired his gun to the four of us. Q: After firing his gun what else transpired, Mr. Witness? A: I just felt that I fell down. Q: Why did you fall down? A: Because I was shot.[27] On cross-examination, Cogasi affirmed his sworn statement taken by the investigating officer immediately after the incident wherein he referred to only one (1) gunman who did the shooting. He further testified that he heard four (4) successive shots when the gunman started shooting, then heard more shots only after he had succeeded in running away. On his part, Clemente attested in his sworn statement that "the man in jacket then ordered us to line up. After we have formed a line, he started shooting at us starting from the left. He shot first Leandro, then Richard and followed by Pacson. After hearing the shots and seeing my companions fall, I turned my back and held my nape with my two (2) hands and started to run but I got hit and fell. I got up and tried to run but I fell down again."[28] On the other hand, during his direct examination Clemente testified - elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37955 7/16