Court junks case vs 2 rob suspects

CEBU, Philippines – The court yesterday dismissed one of the robbery cases filed against Joel Sumabong and his pal Efren Beladas because of the failure of the prosecution to positively identify them as the culprits in the 2007 robbery of a cooperative in Talamban.

Regional Trial Court Branch 58 Judge Gabriel Ingles, in an open court, dismissed the robbery case against Sumabong and Beladas after prosecutor Alexander Acosta rested his case without his three witnesses having to identify them.

Acosta first presented Gina Planteras, manager of the People’s Multi-Purpose Cooperative, on May 7 then cashier Rossyl Morado on June 18 and another cashier, Joy Atamosa, yesterday. But none of them was able to identify Sumabong and Beladas as the robbers.

Atamosa said she could not remember the face of the robbers because she was trembling with fear during the robbery around 11 a.m. on January 3, 2007.

She admitted that they were just asked by the police to identify Beladas and Sumabong through the pictures shown to them at the police station.

In a two-page order, Ingles said that while robbery was established, no evidence was presented to point the two accused as the culprits.

Ingles invoked Section 23, Rule 119 of the Rules of Court which states that, “after the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence; on its own initiative, after giving the prosecution the opportunity to be heard or upon demurrer to evidence filed by the accused with or without leave of court.”

Ingles said that it is apparent in the testimonies of the three witnesses that none of them was able to identify the two accused.

The court lamented that it is unfortunate that this has happened to the prosecution in this case because “not only did it waste the time and effort of all the parties concerned, more importantly it is the best way to encourage criminality and even a repetition of the same crime against the cooperative concerned, the private complainants and the victims themselves.”

Despite the dismissal of their case, Sumabong and Beladas will remain in jail because of other case filed against them before RTC Branch 12 on the robbery of Bogo branch of Land Bank of the Philippines.

Sumabong also has a murder case pending before RTC Branch 8. — Fred P. Languido/LPM (THE FREEMAN)