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EN BANC.
647
647
the facts from which the inferences have been derived are proven,
and (c) the combination of all the circumstances is such that it
produces a conviction beyond reasonable doubt.
Same Same Circumstantial evidence as a basis for criminal
conviction should be weighed and accepted with great caution.In
case of doubt, the scales must be tipped in favor of the accused.
Circumstantial evidence as a basis for criminal conviction should
be weighed and accepted with great caution. Jurisprudence
teaches that it is preferable for the guilty to remain unpunished
than for the innocent to suffer unjustlyin this case, to be
sentenced to die by lethal injection.
Same Same Wellentrenched in jurisprudence is the rule that
the conviction of the accused must rest, not on the weakness of the
defense, but on the strength of the prosecution.Although the
defense of appellantmere denialis weak, this fact alone
cannot justify his conviction. The burden is on the prosecution to
prove his guilt beyond reasonable doubt, not on him to prove his
innocence. Wellentrenched in jurisprudence is the rule that the
conviction of the accused must rest, not on the weakness of the
defense, but on the strength of the prosecution. The Court cannot
magnify the weakness of the defense and overlook the
prosecutions failure to discharge the onus probandi.
648
The Case
1
Rollo, p. 11 Records, p. 2.
649
The Facts
Version of the Prosecution
The Office of the Solicitor General (OSG)
summarized the
7
evidence for the prosecution as follows:
On May 11, 1997 at around 10:00 oclock in the morning, Brenda
Candelaria, an eight year old child, together with her friend
Melanie Sangalang, seven years of age, was on board a pedicab
driven by appellant. Upon reaching the house of Melanie, said
appellant told Melanie to alight on the pretext that her mother
might look for her. Melanie obeyed leaving Brenda inside the
pedicab with appellant continuing his driving.
In the afternoon of the same day, appellant and Brenda were
seen together by Flora Bonganay in front of the latters store
located near the church in Tikay riding the same pedicab.
Later on, Angelita Robles while waiting for a ride saw
appellant already alone emerging from a place near Doa Pilar
Homes Subdivision. Angelita noticed something strange in
appellants actuation as he was uneasy, haggard looking with his
hair disheveled.
The following day, May 12, 1997, the naked lifeless body of
Brenda Candelaria was found in a grassy vacant lot along the
Cagayan Valley Highway in Sta. Rita, Guiguinto, Bulacan near
the Doa Pilar Homes Subdivision. Recovered beside her body
were a rubber slipper, blood stained white sando, a blue and
white striped tshirt and a shoe string.
Dr. Dominic Aguda, a medicolegal officer of the NBI assigned
at Region III, conducted a post mortem examination on the body of
Appellees Brief, pp. 24 Rollo, pp. 9698. The Brief was signed by Solicitor
General Ricardo P. Galvez, Asst. Solicitor General Cecilio O. Estoesta and Solicitor
Ma. Antonia Edita C. Dizon.
650
650
CONT. OF DIRECTEXAM.
OF CRISPIN VELARDE BY:
Atty. de Leon:
Q Mr. Velarde, do we understand from you that you did
not rape Brenda?
A No, sir.
Q You did not kill Brenda?
A No, sir.
Court:
Witness:
A I was only suspected (n[a]pagbintangan), sir.
Atty. De Leon:
Q According to some witnesses who testified for the
prosecution, they have seen you and Brenda riding in a
tricycle?
______________
8
Appellants Brief, pp. 1214 Rollo, pp. 7072. The Brief was signed by
651
Court:
Atty. De Leon:
No, no, several days before the incident. Not exactly the
day of the incident. I modify the question by adding
several days before the alleged incident.
Witness:
A No, sir, that is not true.
Atty. De Leon:
Q And, there was a witness who testified here that she has
seen you riding on a jeep perspiring . . . .
Court:
Atty. De Leon:
Q The witness has seen the accused about to ride the jeep
perspiring as if you have committed a crime is it true?
A I do not know anything about it, sir.
Q But according to that witness, you were carrying a
basket, is it true?
A No, sir.
Atty. De Leon:
Atty. Villacorta:
Court:
(to witness)
Atty. Villacorta:
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653
This case was deemed submitted for resolution on October 23, 2000,
654
655
655
Yes, sir.
Q:
A:
Q:
Up to the present?
A:
Yes, sir.
x x x x x x x x x
Q:
What time on May 14, 1997 did you meet that Crispin
Velarde?
A:
Q:
A:
______________
11
12
Ibid., p. 27.
13
14
15
656
x x x x x x x x x
x x x x x x x x x
16
A: No, sir.
Court:
657
x x x x x x x x x
If you know[?]
x x x x x x x x x
x x x x x x x x x
Atty. De Leon:
A: Yes, sir.
658
19
Ibid.
20
People v. MatosViduya, 189 SCRA 403, 410, September 11, 1990, per
Gutierrez, J.
659
659
22
Ibid., p. 542.
23
24
People v. Deniega, 251 SCRA 626, 638, December 29, 1995, per
Kapunan, J.
660
660
661
sufficiently overcome
thereby the presumption of innocence
26
in his or her favor.
In this case, the prosecution presented the following
pieces of evidence to prove that appellant was the
perpetrator of the crime.
First, appellant
was with Brenda on the morning of May
27
11, 1997. They were also together on McArthur Highway
between three and four oclock in the afternoon on the same
day, aboard a pedicab coming
from Industrial City and
28
going south towards Manila.
Second, around five thirty in the afternoon on May 11,
1997, appellant was seen alone emerging from 29Jaycee Auto
Repair Shop, just beside Doa Pilar
Homes. He looked
30
haggard and had disheveled hair.
______________
25
Panganiban, J.
26
People v. Rayos, 351 SCRA 336, 344, February 7, 2001, citing People
v. Ragon, 282 SCRA 90, November 18, 1997 People v. Doro, 282 SCRA 1,
November 17, 1997 People v. Oracoy, 224 SCRA 759, July 27, 1993 People
v. Peligro, 225 SCRA 65, August 3, 1993.
27
28
29
30
Ibid., p. 12.
662
662
32
33
Subdivision.
34
35
663
37
308 SCRA 1, June 1, 1999 People v. Laguerta, 344 SCRA 453, October 30,
2000.
38
39
GonzagaReyes, J.
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664
five (5) days from receipt hereof of the date appellant was
actually released from confinement. Costs de oficio.
SO ORDERED.
Bellosillo (Actg. C.J.), Puno, Vitug, Kapunan,
Mendoza, Quisumbing,
YnaresSantiago,
Sandoval
Gutierrez, Carpio, AustriaMartinez and Corona, JJ.,
concur.
Davide, Jr. (C.J.), On leave.
Appeal granted, judgment set aside. Accusedappellant
acquitted.
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