This case has been cited 2 times or more.
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2000-07-06 |
QUISUMBING, J. |
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| Further, it does not appear appellant has a motive for killing the victim. While generally, the motive of the accused in a criminal case is immaterial and does not have to be proven, proof of the same becomes relevant and essential when, as in this case, the identity of the assailant is in question.[26] A finding of guilt must rest on the prosecution's own evidence, not on the weakness or even absence of evidence for the defense.[27] It is precisely when the prosecution's case is weak, as in this instance, that the defense of alibi assumes importance and becomes crucial in negating criminal liability.[28] Under our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused but whether it entertains a reasonable doubt as to his guilt.[29] Here, doubt as to the identification of appellant as the guilty person has not been overcome. | |||||
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2000-06-23 |
MENDOZA, J. |
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| As will be noted, the testimonies of Agrabio and Amador did not fit each other in every detail. For example, while Agrabio identified Eddy Paneza as the person who stabbed him,[27] Jose Amador said it was Oscar Servando.[28] Freddie Agrabio was also confused about the type of firearm Ronnie Agomo-o used, whether it was a pistolized homemade shotgun or something else.[29] Such discrepancies, however, in the testimonies of the witnesses do not detract from their truthfulness. These apparent inconsistencies may be attributed more from an honest mistake due to fleeting memory than from a deliberate intent to prevaricate. Instead of detracting from the truthfulness of the testimonies, the inconsistencies reinforce the witnesses' credibility.[30] What is important is that the testimonies of these witnesses corroborated each other in material points, to wit: (a) that the passenger jeepney they were riding on was stopped on the crossing to Barangay Mapili, San Enrique by an armed man in the person of Ronnie Agomo-o, accompanied by accused-appellants Eddy Paneza and Oscar Servando; (b) that after announcing a hold-up, Ronnie Agomo-o shot Rodito Lasap, the driver of the passenger jeepney; and, (c) that the accused then divested the passengers of their money and other valuables. | |||||