Juanito Sacare, Nicolas Pilapil, Mario Chiong, and Michael Langa allegedly took eight pistons from Super Shuttle Shipping. The prosecution presented Jesusimo Agias, a marine engineer assigned to Shuttle Ferry 7 berthed at the Sandoval shipyard in barangay Tayud, Consolacion town. He testified that he had discovered that the eight items were missing.
Sacare testified that he was with Pilapil, Chiong, and Langa when arrested by members of the Criminal Investigation and Detection Group when they were in F. Ramos Street to deliver six pistons to a certain Mario Manapat.
They however presented a receipt of purchase for the pistons proving these were bought from a certain Mr. Cupcupin, proprietor of Cebu Marine Trading, a firm engaged in selling marine spare parts. At the police station, the accused telephoned Cupcupin who confirmed the pistons were bought from his store. Later, it was however found out that these were stolen.
The defense then charged Cupcupin for violation of the anti-fencing law.
In his three-page decision, RTC branch 12 presiding judge Eric Menchavez found Agia's testimony as "purely hearsay and has no probative value" as it was "limited to the fact" that the eight pistons were missing and that he did not know who stole the items.
And even if the four accused were found in possession of the eight pistons, these were never presented as evidence," Menchavez said.
"The prosecution failed to prove the allegation in the information and for this the prosecution must fall," the decision read. - Liv G. Campo