Court acquits barangay captain

CEBU, Philippines - The Municipal Trial Court in Cities (MTC) recently acquitted Sirao Barangay Captain Felix Limotan of the charge filed against him by the City Traffic Operations Management for alleged driving under the influence of alcohol in 2008.

Judge Oscar D. Andrino of MTC Branch 5 issued the order last July 27 acquitting Limotan for failure to prove he was guilty beyond reasonable doubt.

The evidence gathered against Limotan failed to prove that he is under the influence of liquor because there was no complete alcohol test done at the time of the incident.

“Where the state fails to meet the quantum of proof required to overcome the constitutional presumption of innocence, the accused is entitled to an acquittal,” the order reads.

In October 23, 2008, Limo-tan allegedly drove his Mitsubishi Adventure wagon with Plate Number GJF-444 along Leon Kilat Street while under the influence of liquor.

That night, he figured in a vehicular accident where his vehicle reportedly bumped the rear side of a taxi parked along Leon Kilat St.

Limotan and the driver of the taxi were taken to the Cebu City Medical Center for a liquor test in which Limotan was found positive.

The accident was resolved over amicable settlement but the Cebu City Police Office - Traffic Group personnel filed a charge for violation of Section 53 of Republic Act 4136 or driving under the influence of alcohol.

During the arraignment in January 2009, Limotan pleaded not guilty. During the cross examination, Dr. Eduardo Camalongay testified that he conducted a liquor test on Limotan but also admitted that it was incomplete.

The tests performed on Li-motan included tests on alcohol intake, alcohol on breath and conjunctival injection which are all non-conclusive. The Romberg’s test was not performed because Limotan was allegedly uncooperative so the doctor suggested instead of an alcohol blood test that was only available at Chong Hua Hospital at the time.

The alcohol blood test was not conducted on the accused. The court pointed out that the doctor could not conclude with certainty that the accused had taken alcohol. — (FREEMAN)