PEOPLE vs TOLING
FACTS: Antonio Toling and Jose Toling, twins, both married, are natives of Barrio Nenita Samar. They are illiterate farmers tilling their own lands. Antonio's daughter, Leonora, was working in Manila. Jose's three children had stayed in Manila also since 1964. Antonio decided to go to Manila after receiving a letter from Leonora telling him that she would give him money. To have money for his expenses, Antonio killed a pig and sold the meat to Jose's wife for sixty pesos. Jose decided to go with Antonio in order to see his children. He was able to raise eighty-five pesos for his expenses.
Leonora gave her father fifty pesos. Antonio's grandson, gave him thirty pesos. Antonio placed the eighty pesos in the right pocket of his pants. It was then noontime After buying their tickets, they boarded the night Bicol express train at about five o'clock in the afternoon. The train left at six o'clock that evening.
The twins were in coach No. 9 which was the third from the rear of the dining car. The coach had one row of two-passenger seats and another row of three- passenger seats. Each seat faced an opposite seat. An aisle separated the two rows. The brothers were seated side by side on the fourth three-passenger seat from the rear, facing the back door. Jose was seated between Antonio, who was near the window, and a three-year old boy. Beside the boy was a woman breast-feeding her baby who was near the aisle. That woman was Corazon Bernal. There were more than one hundred twenty passengers in the coach. Some passengers were standing on the aisle.
Sitting on the third seat and facing the brothers were two men and an old woman who was sleeping with her head resting on the back of the seat (Exh. 2). on the two-passenger seat across the aisle in line with the seat where the brothers were sitting, there were seated a fat woman, who was near the window, and one Cipriano Reganet who was on her left. On the opposite seat were seated a woman,... [continues]
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