CEBU, Philippines - The Regional Trial Court has acquitted the four accused in the robbery and murder of a 3rd year college student almost three years ago because of the failure of the state witness to correctly identify the murder weapon.
RTC Branch 6 Judge Ester Veloso yesterday ordered the dismissal of the murder case against Mark Jesus Aquino, Rodney Arias, Dandrib Pradilla and Stephen Oyangorin because of the inconsistency in the testimony of the witness.
“The court hereby renders judgment acquitting the accused Aquino, Arias, Pradilla and Oyangorin for the crime of murder, for failure of the prosecution to prove their guilt beyond reasonable doubt,” the decision reads.
The four were charged in the murder of Gerry Guiseppe Arcelo Gatungay, a Mechanical Technology student of Don Bosco Technological School, in October 27, 2008.
Nerissa Gatungay, victim’s mother, cried injustice in the court’s decision.
“This is injustice, but I know there is justice in heaven,” she said.
Veloso, in her decision, said that the 15-year-old state witness was inconsistent in his claim about the murder weapon. The witness first claimed that he and the four accused were having a drinking spree on that fateful evening when they have agreed to rob anyone that passes by them.
The witness claimed that when Gatungay passed by them, Arias stabbed him in the upper left chest using a knife. Aquino reportedly delivered two more thrust on the victim also using a knife while Pradilla and Oyangorin served as lookouts. According to the witness, their plan was only to rob the victim but the plan apparently went wrong.
The witness however changed his testimony on the murder weapon when cross-examined. He said the accused were using screwdriver as murder weapon.
“The testimony of the state witness, upon which the prosecution relies heavily, cannot be given credence by the court. State witness’ failure to identify the correct murder weapon raises questions on his credibility,” ruled the court.
Based on the testimony of the medico-legal officer who performed the autopsy, the victim died of stab wounds caused by sharp bladed instrument such as knife or bolo. – (FREEMAN)