CEBU, Philippines - The Regional Trial Court in Cebu City has acquitted a police officer of murder after the prosecution witnesses, including the victim’s father, withdrew their testimonies against him.
RTC Branch 18 Judge Gilbert Moises directed the warden of the Cebu City Jail to immediately release Police Officer 1 Jose Dennis Malazarte after he ordered the dismissal of the case.
“The court cannot do anymore because the prosecutor’s witnesses have lost their credibility and doubt now exists on the culpability of the accused,” Moises ruled.
Malazarte was accused of killing Bienvinido Alfornon in December 2008 in Barangay Sambag I.
Alfornon’s father, Anastacio, 76, claimed that in December 26, 2008 at 5:00 a.m. Malazarte shot his son dead. Anastacio said he first heard of gunfire prompting him to go out of the house and check.
To his surprise he saw his son already dead with the accused still in the area holding his gun.
Another prosecution witnesses Rosario Quiboquibo, 43, claimed she was tending her vending cart when she saw the accused shot the victim.
However, when they were presented by the defense as hostile witnesses, they already recanted their testimonies on direct examination. Even the victim’s father said that he is no longer interested to pursue the case.
Anastacio said he was only paid by Quiboquibo to testify against Malazarte.
Quiboquibo on the other hand said she was only requested by Anastacio to testify adding that she did not actually see the culprit. The twist on the testimonies of the prosecution witnesses prompted the court to dismiss the case. — (FREEMAN)