Ruba case RTC denies motion for reconsideration

CEBU, Philippines - The court denied the motion for reconsideration filed by the accused in robbing and killing Ruby Jane Ruba, a nursing student of Cebu Doctor’s University.

Aivan Barabat, who was convicted for robbery with homicide, filed a motion for reconsideration.

But Judge Ramon Daomilas of Regional Trial Court Branch 11 denied it for lack of merit.

For the judge, the evidence against Barabat was strong and cannot change his February 7, 2011-decision.

Barabat, in his motion, had said the positive identification of witness is not sufficient to convict him as the witness merely assumed that he killed the victim.

He said the admission made before the media is inadmissible as evidence as the prosecution failed to establish the authenticity and correctness of the recording.

The second issue raised by Barabat was the admission through media.

The court notes that witness Chona Carreon of GMA-7, during her testimony in court, confirmed and identified the video footage as same footage of her interview with the three accused.

Daomilas ruled that during cross examination, no questions were asked on how the video footage was preserved.

“Television corporations have rules on the preservation of video footages and the presumption is that the internal rules on her preservation of footage are presumed to be regularly followed in the absence of any questions on their integrity,” Daomilas said. —(FREEMAN)