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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 187246 : July 20, 2011]

EDWIN TABAO Y PEREZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

R E S O L U T I O N


BRION, J.:

Edwin Tabao (petitioner) seeks reconsideration of our Resolution, dated June 8, 2009, denying his petition for review on certiorari for failure to show any reversible error in the assailed Court of Appeals (CA) decision to warrant the exercise of this Court's discretionary appellate jurisdiction, and for raising substantially factual issues.

The evidence for the prosecution reveals the following facts:

At around 10:00 p.m. of January 21, 1993, the petitioner was driving his Toyota Corolla car bearing plate number PCH-111 along Governor Forbes corner G. Tuazon Street towards Nagtahan when it suddenly ramped on an island divider, bumping Rochelle Lanete who was crossing the street. As a result of the impact, Rochelle was thrown into the middle of the road on her back.1 Thereafter, Leonardo Mendez' speeding blue Toyota Corona car with plate number PES-764 ran over Rochelle's body. Bystanders ” armed with stones and wooden clubs ” followed Mendez' car until it stopped near the Nagtahan Flyover.2 Francisco Cielo, a newspaper delivery boy, pleaded with the bystanders not to hurt Mendez. Cielo went inside Mendez' car, sat beside him, got his driver's license, and ordered him to move the car backwards. Mendez followed his order, but his car hit the center island twice while backing up.3 Cielo went out of the car and approached the sprawled body of Rochelle; he and the petitioner brought Rochelle's body inside Mendez' car. The three of them (the petitioner, Cielo and Mendez) brought Rochelle to the UST Hospital,4 where she died on February 6, 1993 due to septicemia secondary to traumatic injuries.5

The defense presented a different version of the incident.

The petitioner narrated that at around 10:00 p.m. of January 21, 1993, he was driving along Governor Forbes corner G. Tuazon Street when his car ramped on an island at the foot of the Nagtahan Flyover. He tried to move the car backwards, but failed to do so. He alighted from his car and then saw that its two rear wheels had been elevated.6 He returned inside his car to turn off its engine; he then noticed that many people were approaching his car.7 He again alighted from his vehicle and saw a person lying on the road.8 He looked at his left side and saw a car that was running fast like a wind
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