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People vs.

Sales
Facts:
Version of the Prosecution
Brothers Noemar and Junior, then 9 and 8 years old, respectively, left their home
toattend the uvial procession of Our Lady of Pe afrancia !ithout the permission
of their parents" #hey did not return home for a ni$ht" %hen their mother, &aria
,loo'ed for them the ne(t day, she found them in the near)y )aran$ay" *fraid of
theirfather+s ra$e, the children initially refused to return home )ut their mother
prevailedupon them" %hen the 'ids reached home , appellant, furious, then !
hipped them !ith a stic'!hich !as later )ro'en so that he )rou$ht his 'ids outside their
house" %ithNoemar+s and Junior+s hands and feet tied to a coconut tree, appellant
continued)eatin$ them !ith a thic' piece of !ood" %hen the )eatin$ -nally stopped,
&aria noticed a crac' in Noemar+s head andin.uries in his le$s" /he also sa! in.uries
in the ri$ht portion of the head, the leftchee', and le$s of Junior" /hortly thereafter,
Noemar collapsed and lostconsciousness" &aria tried to revive him and !hen
Noemar remained motionlessdespite her e0orts, she told appellant that their son !
as already dead" 1o!ever,appellant refused to )elieve her" *ppellant loo'ed for a
2uac' doctor, !ho told them that they have to )rin$ Noemarto a hospital" *ppellant
too' the unconscious Noemar to hospital, ho!ever, another2uac' doctor told him that
the child is already dead" #hus, appellant )rou$ht his son)ac' to their house"
Noemar+s )ody !as never e(amined )y the doctor"
Defense
Prior to the incident, Noemar and Junior had already left their residence on
3separate occasions !ithout the permission of their parents" 4urin$ those times,they
!ere never physically harmed )y the appeallant Noemar and Junior !ere
neverphysically harmed )y their father"1o!ever, the left a$ain !ithout permission
to attend the procession of Our Lady of Penafrancia and failed to return for several
days" %orse, appellant received aninformation that his sons stole a pedica)" %hen
his sons -nally arrived home,appellant scolded and hit them !ith a piece of !ood as
thic' as his inde( -n$er" 1ehit the simultaneously since they !ere side )y side"
*fter !hippin$ his sons intheir )uttoc's three times, he noticed that Noemar !as
chillin$ and frothin$" %henNoemar lost consciousness, appellant decided to )rin$
him to a hospital in Na$a!hich !as 5 'ilometers a!ay from their house"

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