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People V Lagarto

This document summarizes a court case involving the rape and murder of a 7-year-old girl named Angel. Two men, Lagarto and Cordero, were convicted of the crimes and sentenced to death. Several witnesses provided testimony implicating Lagarto and Cordero. The defense sought to disqualify one witness, Herminia Barlam, due to alleged incompetence. However, a mental health evaluation found Barlam competent to testify. The court upheld her qualification as a witness under the applicable laws.

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Maria Dariz Albiola
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128 views2 pages

People V Lagarto

This document summarizes a court case involving the rape and murder of a 7-year-old girl named Angel. Two men, Lagarto and Cordero, were convicted of the crimes and sentenced to death. Several witnesses provided testimony implicating Lagarto and Cordero. The defense sought to disqualify one witness, Herminia Barlam, due to alleged incompetence. However, a mental health evaluation found Barlam competent to testify. The court upheld her qualification as a witness under the applicable laws.

Uploaded by

Maria Dariz Albiola
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ALBIOLA, Maria Dariz G.

RULE 130 Section 20 — Witnesses

People v Lagarto
RAPE-SLAY

FACTS: Lagarto and Cordero were convicted of raping and slaying 7 y/o ANGEL and were
sentenced to death penalty.

The body of 7 y/o Angel was found floating in the flooded street of Binondo Manila on August 2, 1994. PO3
Ko, SPO1 Manuel and PO3 Fernandez responded to where the corpse was discovered.

Upon autopsy of the NBI it was found that the cause of death of Angel Alquiza was multiple stab wounds
and traumatic injuries.

PO3 KO: Based on his investigation, on the night of August 1, 1994, Angel went out to buy champorado.
ROSALINA PUNO said that Angel did drop buy her store to buy champorado and ate it there before heading
home via Bougainvilla St., which leads to a dimly lit area used by CORDERO and his wife LIGAYA as a parking
space for their pedicabs.

MARIO BLORECIA: LAGUNDAY who appeared nervous, left the pedicab (No. 14) to his care and immediately
departed.

JOSE SORIANO: He saw Angel with LAGUNDAY (one of the pedicab drivers of Ligaya and Cordero) at Puno's
store.

Based on these, Lagunday was arrested on August 4 as the primary suspect. During the custodial
investigation Lagunday ADMITTED HIS CULPABILITY and pointed to two other man: BOBOY &
BOYET.

Lagunday POSITIVELY IDENTIFIED LAGARTO as one of the companions.

***HERMINIA BARLAM (Impaired Hearing): Positively identified Lagarto and Lagunday as two of the men
who raped and killed the girl inside Mang Gorio's warehouse.

***OFELIA LAGMAN (Labandera): The round yellow tablecloth used to wrap Angel's body was familiar to
her as she had seen one just like it in the house of the Cordero's.

***ROLANDO JAVAR: Saw Cordero and Lagarto standing in front of the warehouse at Kagitingan St waiting
for somebody. He also saw Lagunday driving he sidecar with Angel as her passenger.
ALBIOLA, Maria Dariz G.

BEFORE ARRAIGNMENT Lagunday had been shot and killed while trying to grab the gun of one of his police
escorts.

LAGARTO and other accused all pleaded "NOT GUILTY".

***The defense sought to disqualify BARLAM on the basis of INCOMPETENCE and requested that she be
taken to the NCMH to determine if she was competent to testify.

***The NCMH report showed that Barlam was competent to be a witness there being no signs of psychosis.

ISSUE: WON Barlam is qualified to be a witness.

HELD: ***YAS!!! Barlam met the minimum qualifications as a witness under Sections 20 and 21 (before
amendment)

Sec. 20. Witnesses; their, qualifications. — Except as provided in the next succeeding section, all persons who can perceive, and
perceiving, can make known their perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless otherwise provided by law, shall not
be a ground for disqualification.

Sec. 21. Disqualification by reason of mental incapacity or immaturity. — The following persons cannot be witnesses:

(a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently
making known their perception to others;

(b) . . .

Barlam could certainly perceive and make known her perception to others.

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