T: Maaari mo bang isalaysay kung anong klaseng pangyayari itong iyong nasaksihan? Two days after the incident, or on April 4, 1997, Guinaja gave a sworn statement 30 before the local police wherein he stated the following, among other things:Ġ4. He there heard the victim stammer " Ate tulungan mo ako" and " Ate tulungan mo ako dahil sinunog ako." 27Īs the Divine Grace Hospital did not have the necessary apparatus to handle the burns as severe as those suffered by Mary Jane, she was transferred to the Jose Reyes Memorial Hospital in Manila 28 where she expired of 3rd degree burns in the afternoon of the same day.Ī day after the incident, or on April 3, 1997, at about 10:00 a.m., Rosario, Cavite Police Officer (PO)2 Fernando Garcia conducted an investigation at the 3 x 4 meter dwelling of the couple, which was "attached" to the house of appellants parents, where he found a gas lamp and a match near the door, 29 about one and a half meters away from the bamboo chair where part of the body of the victim was found slumped. Learning that the victim had suffered severe burns and was going to be brought to the Divine Grace Hospital in Rosario, Cavite, Cadavis repaired thereto where he saw appellant, Erlinda, and the victim in the emergency room 26 in the company of nurses. At the hospital, Mary Jane begged Erlinda: " Ate tulungan mo ako" 23 she also begged Guinaja: " Jun tulungan mo ako." 24 Guinaja soon left to inform appellants mother and the victims mother about the incident. Guinaja, together with appellant, brought the victim to the Divine Grace Hospital in Rosario, Cavite where they were followed by appellants sister Erlinda. 21Įleazar Valencia, Jr., who was renting the house of appellants mother adjacent to that of appellant, responding to Guinajas call, arrived and carried the victim to Guinajas tricycle 22 within the view of Cadavis who had in the meantime returned after he conducted his passenger to barangay Sapa. Appellant remained outside the house and never made any attempt to return inside.
20 In the meantime, appellants sister Erlinda Estillore Monton, whose house was about two meters away from appellants house, went inside the couples house and covered the victim Mary Jane with a blanket. 19 When the flame was extinguished, the burning thing turned out to be the body of Mary Jane who lay unconscious. Guinaja shouted for help, got a bucket of water, proceeded to the house of appellant and Mary Jane and after forcibly opening its closed door, 17 he poured water on the "burning thing" 18 partly slumped on a bamboo chair. 14 Upon seeing him, appellant, in a "soft voice," 15 uttered " Pare, nasusunog kami" and asked for " tulong." 16 13 Peering through his window, Guinaja saw appellant carrying his and Mary Janes child and jumping out of the about one meter high window of his "very bright" lighted house.
#Postico driver driver#
10Īfter Cadavis left, prosecution witness Alfredo Guinaja, Jr., also a co-tricycle driver of appellant and who was at his house across the street and about six meters away 11 from the house of appellant repairing an airgun, 12 heard some thuds coming from the house of appellant. 9Ĭadavis soon left the scene when a passenger "on a special service" boarded his tricycle whom he ferried to Pandawan, barangay Sapa. kalabugan" 8 and perceived that the couple had a row. of April 2, 1997, Andres Cadavis, a co-tricycle driver-friend of appellant, while on board his tricycle in front of and about 5 meters away 3 from the house shared by appellant and his common-law wife Mary Jane (the victim) along Little Baguio, Wawa III, Rosario, Cavite, within the vicinity of the waiting area for passengers, 4 heard appellant shouting " Putang-ina mo." 5 Out of curiosity, 6 Cadavis stopped and "heard sighs as if the woman was crying." 7 He also heard "noise.
1 (Underscoring supplied)Īrraigned on August 11, 1998, 2 appellant entered a plea of not guilty.įrom the evidence for the prosecution, the following are established:Īt around 1:00 a.m. That on or about Apin the municipality of Rosario, Province of Cavite, Philippines, a place within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, with treachery and evident premeditation and taking advantage of superior strength, did then and there willfully, unlawfully and feloniously, attack, assault and set on fire one Mary Jane Del Carmen with the use of gas or combustible liquid which caused her instantaneous death, to the damage and prejudice of the heirs of said Mary Jane Del Carmen.ĬONTRARY TO LAW.
#Postico driver trial#
On August 1, 1997, appellant Gerrymel Estillore y Postico was charged before the Cavite City Regional Trial Court (RTC) with murder allegedly committed as follows: Home > ChanRobles Virtual Law Library > Philippine Supreme Court Jurisprudence >
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