(662 SUPREME COURT REPORTS ANNOTATED People vs. Contante “°% Jllo Contante reenacted. the shooting before Ast Provincial Flt! Gaudiono Tenn, Exhibits Cand D are pictures oF the demonstration Af the cieumstances shove enumerated have indeed been proved at the tral, then, We do not see any room for dis bute as to thelr suticieney for emviction, ‘They are more than one and clearly consistent with a hypothesis of gu Considered in their totality, they certainly exclude every reasonable hypothesis of innocence. It all remains, there- {ore for this Court to determine whether the circumstances above recited were duly proved, Said the lower cour amine to te send oun, t array tat of te ‘lreumtancs relied upon bythe psccion for eoavie: tion, the fet three which concer wi the mitive behind he esting and the inducement of dao Contents by Toma Gat Ehitorens to commit iy sete solely on the testnonis of a Rodrigues and Vivenclo Ditan who were also prevented ss defense witness, Ih the aabeequent delration about thee circum ‘anges, they completely repudiated what they had prevoualy testified statine farther that thelr Yormer statements on the fatter ald not contain the trath, Ther reantaion hat Tet thes ft thre crcmstances witout any ig to sand oe ‘The evidence fully sapports the fourth cieumtanee. Tt ‘is estalabed bythe testimonies of Marelana day, Dr Dow ado Uahom and Teodoro Aleoba, the litter a defense withers at to mention Laz Rodriquer whase recantation made no Te ‘ence to thin crcurstane.Evhs. Ay P and G corroborate ef ‘eetivly thee testimonies ‘Al together they prove that ‘tout 700 ‘clock Inthe evening of ane 26,1962. Anatole ‘Adayo wat shot on the bace while he was staring on chal ins house reaiting in his Instantaneous teath ‘erhe fifth circumstance is also supported by the evidence Marciano Adayo convincingly tatfed that aout thee inc tte after he heard the guna from the diection of the howe ft AnaaioAdayo, be ee Taio Contant on the road. shout fone hundred meters from the sald house walking buted and frying a double bareel shotgun, Thre cold. be 10. dol fhe be dented him enrec because he tured on him feblight and he even cechanged convertion ith yo wpe nue ef Anatlo"Aaayo at akon ‘ve minutes pest 100 dock, but thin don not necstriy Drove that Marciano Adaya was nt a the vicinity of the house Df AnatlioAdnyo an fad not gone up the house at and shore VOL. 12, DECEMBER 28, 1964 663, People vs. Contante ly after seron olock, beause comsdering that it took Mar. lana abeat five minater to rach the house after he heard the ‘hot and that about the name period of time had eapaed before ‘Teodoro Aloba srived atthe houe, it was probable that whet the latter arrived fhe former had st Teft the house and fone fat to notify hn pareta of the oourrence. AMorarer th = timate of Teodoro Alcoa of the ie that had passed fam the Fement be heard the shoei herve atthe house not Fells, ewan shown a the teal that he did no know what {mine ie and ow many minutes hasan boar.” When he was fated how long hv ad Boon texting. on the witness rand, His‘anewer ‘was five mints but this'was Wrong. Bretse, he farted testifying at 9715 and it was 9:90 when Be Was acked ‘he quetin. twas more likly, therefore, that hi etimate ‘van Insearate and that he seualy arrived fm the ote vert tore minuter after 205, “The tetimony of Fasttino Banuita that he tw Maria: mo Adavo met Lae ‘Rodrigue i Slabaludbaled at past 7:30, ‘Bim of Jupe 26, 196% cannot also impetch the testimony of Marelano Adaye It wil be recalled that Marciano. Adayo tet Lifed that shoriy after Be Bad gone ap the oa of Anataio ‘Adayo he left immediately for Mabaludbalud to notify his par fate of the untimely death of his brother. ‘Thi expaine his presence in Matiladbalod at about 7:50 becaune he went fn fact {o the sald bareio after having It the house of Anatale Ads: “Litwwiae, the testiony of Eligio Dacogo that Mareane ‘Adayo boarded a bus in Tigaos at 60 pm of June 25, 1952 and was his copassenger until 6:35 exnnot disprove the’ pre fe of Marciano Adavo in the veinity of the house of Ane tao Adayo at about 00 clock in the evening, iia Dacnco lndmited on erossexamination that the same bas wat pass by the house of Anatallo Aduve hich war only about one Kilo meter from where he got off and that Marelano Adsye_ who fontinged to vide on the ban could have reathed the neigh ood of the Route'of Anat Adavo even before €:40 of the fame evening “Lastly, the defense tried fo impeach Marciano Adayo by ‘owing that he didnot reveal to any police officer the fact Ra he Be alo Caan This fs mere Dente Mare ‘labo Adayo commaniosted what be knew (oS Pesio and ‘made a remark about itt acl pliceram, bt they aid bot {ke seraily Bese thes sald that his testimony would ‘ot be believed as Be ina bother of Anatlio AdAye he sath clcumstance i also aufficently supported by the evidence. The testinony of Sgt. Pesto, Deputy Cen Ma. Iayaland clerk Mauro Fajardo all proved cetly that Salo Con tante' exec Exhibit I keowinely, freely and vauntary