Zenhashy's Place

SEVERINO C. BALTAZAR vs. PEOPLE OF THE PHILIPPINES and ARMANDO C. BAUTISTA G.R. No. 174016   July 28, 2008 THIRD DIVISION  CHICO-NAZARIO, J.: Petition for Review on Certiorari under Rule 45 Facts:           A silver/gray colored car traveling from the direction of Calumpit and going towards the direction of Pulilan Public Market, suddenly hit a pedicab. Because of the impact, the passengers of the pedicab – Erlinda Baltazar and her son, Rolando Baltazar – were thrown out of the pedicab.  Witnesses Cristobal Atienza and Louie Reyes claimed in their respective sworn statements that after hitting the pedicab, they saw the car stop, maneuver into reverse, and run over the hapless victims, before fleeing the crime scene.  As a result, Erlinda Baltazar died while Rolando Baltazar suffered injuries. In the course of the investigation of the incident, Police Officer Santos of PNP, traced the ownership of the car which bumped ...

APOLINARIO GONZALES vs. THE HONORABLE COURT OF APPEALS, PEOPLE OF THE PHILIPPINES and IMELDA CARATAO G.R. No. 108811   May 31, 1994 THIRD DIVISION VITUG, J.: petition for review on certiorari Facts:           A criminal complaint for qualified seduction following a preliminary investigation, was filed the Municipal Trial Court of Obando, Bulacan, against herein petitioner Apolinario Gonzales. The latter, upon arraignment, pleaded "not guilty" to the charge. The presentation of evidence by the prosecution started in May 1983 and was concluded in November 1988. Thereafter, the defense took its turn. When the defense was about to rest its case, the prosecution filed a motion to instead commit the accused to answer to a charge for rape since the evidence submitted indicated that rape, not qualified seduction, was evidently committed.           Following the dismissal of Criminal Case, the pro...