CEBU, Philippines – The police officer who allegedly shot dead a fellow police while chasing a suspected robber six years ago was acquitted of the crime of reckless imprudence resulting to homicide.
Municipal Trial Court in Cities Judge Rosabella Tormis cleared then SPO4 Juanito Pajantoy, who is now a commissioned police officer, from the death of PO3 Michael Sarcol on July 15, 2003.
In a five-paged decision promulgated yesterday, Tormis ruled that both the prosecution and the defense failed to “prove with utmost certainty that indeed accused was responsible for the death of the victim.”
According to Tormis, it is a settled rule in criminal case that a judgment of acquittal shall be entered when doubts exists as to the guilt of the accused.
She said what was established was that Pajantoy and Sarcol were chasing suspected robber Omar Patiño along General Maxilom Avenue after the latter allegedly robbed somebody.
It was also established based on the testimonies of witnesses that Pajantoy, Sarcol and Patiño were all armed during the incident.
During the chase, Sarcol was allegedly accidentally shot by Pajantoy causing his death, an allegation that was strongly denied by the accused, saying it was Patiño who shot the victim while they were in pursuit of him.
Upon seeing his colleague fell to the ground, Pajantoy said he returned fire hitting Patiño that also caused the latter’s death.
The court also took notice that none of the prosecution witnesses have declared that they saw that it was indeed the bullet coming from Pajantoy’s gun that hit Sarcol.
Tormis also gave consideration to Pajantoy’s earlier acquittal of the murder case over Patiño’s death and the affidavits of desistance executed by the wives of both Sarcol and Patiño.
“It is basic in criminal procedure that the quantum of proof required in convicting an accused is proof beyond reasonable doubt. The constitutional presumption of innocence of the accused not having been overturned by prosecution’s evidence, a judgement of acquittal is in order,” Tormis ruled. — Fred P. Languido/WAB (THE FREEMAN)