For failure of complainant to testify: Court acquits suspect in Sambag II robbery
The failure of the complainant to appear during hearings on a robbery case led to the dismissal of the charge against an alleged cell phone snatcher.
Yesterday, the Regional Trial Court cleared Jimwell Lapas from charges for failure of the prosecution to establish his guilt, a result of the failure of private complainant Edgardo Letaba to testify in court.
In a two-page decision, RTC Branch 8 Judge Macaundas Hadjirasul said the testimony of PO1 Justino Paragados, the policeman who arrested Lapas, was not sufficient to convict the suspect because Paragados did not have personal knowledge of the commission of the offense.
Paragados and PO2 Julito Labra, both with the Theft and Robbery Section of the Cebu City Police Office, were patrolling on
Responding to the alarm, they met Letaba who told them that one of the persons who allegedly divested him of his two mobile phones and wallet the night before was allegedly at the basketball court of Sitio Maharlika. True enough, Lapas was at the basketball court and was placed under arrest.
In the course of the case, however, Letaba failed to attend any of the scheduled hearings and that the notices and subpoenas sent to him were returned with notations that he could not be located on his given address and that he was unknown.
“Without the testimony of the private complainant, Edgardo Lataba, this case must fall. The latter had not testified because he cannot be located and did not leave either the prosecution and the court any forwarding address. Wherefore for failure of the prosecution to establish the guilt of the accused, he has been acquitted of the offense charged,” Hadjirasul said. — Jasmin R. Uy/JMO
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