This is another case of conviction based on circumstantial evidence. This is the case of Anton, a poor boy in his late teens who was forced to work early in life.
Anton works as house helper-gardener for the couple Nelson and Mila, a prominent family with big landholdings in a southern Luzon town. The couple has two sons: Martin also a teenager and Isidro a police major in the local PNP. The family is also related to Roman, a police patrolman and nephew of Mila who bears a grudge against the latter regarding a piece of land he is claiming.
One evening when Nelson was away and only Mila and Martin were in their house together with Anton who used to sleep there also, the door suddenly swung open as three men barged in and one of them hacked Mila at the nape with an axe. Horrified Anton scampered to safety in the kitchen and hid behind two jars as the two other men chased but failed to find him. Then they returned inside and turned to Martin standing beside his bed who was mercilessly hit by the same man who hacked Mila causing his instantaneous death.
Report of the incident reached the town’s PNP the next morning. So PO3 Lando and Capt Leo rushed to the crime scene and found the lifeless body of Mila who appeared to have been strangled and fatally wounded at the nape, as well as that of Martin, who likewise sustained wound on his head. On further investigation they also found an axe and a nylon cord believed to have been used in the killing. The house was also ransacked with some items apparently missing.
Also rushing to the scene was Patrolman Roman whose place was just near. From the crime scene he immediately proceeded to the police station where he obtained an order from the Station Commander to hunt for and apprehend Anton. The latter was seen and nabbed after alighting from a bus on his way to the Pier to board a boat. Seized from him were a cassette and a radio belonging to Martin.
After the post mortem examination by the municipal health officer confirming the cause of death due to hacking, stabbing, strangulation that happened the previous night, Anton was accused of robbery with homicide.
The prosecution presented evidence establishing the following circumstances pointing to Anton as the culprit: he was present at the crime scene as he used to sleep in their house while working as their gardener according to Nelson; he also had in his possession articles belonging to the victims at the time he was apprehended by Pat. Roman; he was seen fleeing from the crime scene and boarding a jeepney looking so perturbed and fearful; he sat at the rear and was always looking out until he alighted to ride a bus to the pier without even asking for his change in payment of the jeepney fare as testified by Cherry, niece of Mila who knew him by face and the jeepney owner Mang Kaloy; and he never reported the incident to anyone despite his being at the crime scene.
For his defense Anton pointed to Roman who had a grudge against the victims regarding a piece of land which he claimed belonged to him. It was Roman who swung the door and, without a word hacked Mila and Martin as his companions ransacked the house. He said he fled after the assailants left for fear of his life because he recognized them and would also kill him. He said he did not report the incident because Roman was also assigned at the police station. In fact he said that when he was arrested, Roman tortured him to admit the crime until he was rescued by Maj Isidro who knew him to be working for Mila.
But the lower court convicted Anton and sentenced him to reclusion perpetua as well as to indemnify the heirs of Mila and Martin in the total amount of P100,000. The court said that the circumstantial evidence presented by the prosecution when taken together led to the inescapable conclusion that Anton was indeed the author of the crime.
On appeal, the Supreme Court however reversed the decision and acquitted Anton. According to the SC, the mere presence of Anton at the crime scene cannot solely be interpreted to mean that he committed the crimes charged because it was not unusual that he was there as he was working there. Equally plausible is his explanation that it was Martin who placed the radio and cassette in his bag. His alleged flight from the crime scene looking so scared and his failure to report the gruesome incident was due to fear that the suspects who knew he witnessed the dastardly act would run after him. And his ability to pay his transportation fare do not conclusive demonstrate that the money were proceeds of the robbery. He was working as gardener and helper, so it is also possible that he had money of his own.
All told whatever apparent weakness in Anton’s defense is no reason to sustain his conviction because conviction of an accused rest on the strength of the prosecution’s evidence and not on the weakness of the defense. (People vs. Geron, G.R. 113788, October 17, 1997).
E-mail: attyjosesison@gmail.com
source: Philippine Star
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