Capitol asks RTC to review trespassing case

CEBU, Philippines - The Cebu Provincial Capitol filed a petition for certiorari against the ruling of Judge Gerardo Gestopa Jr. of Municipal Trial Court in Cities (MTCC) who acquitted three people whom the Capitol sued for trespassing.

The Provincial Government represented by Dr. Necias Vicoy Jr. of the Office of the Provincial Agriculturist questioned the rulings of Gestopa in acquitting Amalie Obusan, Norineal Tolibas and Christine Garnace.

Vicoy filed a case against Obusan, Tolibas and Garnace before MTCC in Naga City for violation of Article 281 of the Revised Penal Code or other forms of trespassing.

He claimed that on December 1, 2009 at about 9:15 a.m. the three allegedly intruded the closed premises of the Capitol property in Barangay Tina-an, Naga City. The three, according to him, entered the premises without securing permission from the owner.

Vicoy said the three admitted to have entered the said premises on the said date and this was published on a newspaper the following day.

Gestopa, in his decision, cited the basis of the acquittal was because of the failure of the prosecution to present evidence to prove the guilt of the accused beyond reasonable doubt.

“The Information does not allege that the Balili Beach Resort is a closed premises or a fenced estate, neither does it allege that the place is a dwelling,” decision reads.

A judgment of acquittal is final and Vicoy said the petition for certiorari is the remedy to question the judgment of acquittal.

In his petition, he cited two grounds allegedly committed by Gestopa. He said Gestopa “acted without or in excess of his jurisdiction or acted with grave abuse of discretion amounting to lack or excess of jurisdiction when he acquitted the three accused solely on the basis that the Information does not allege that the Balili Beach Resort is a closed premises or a fenced estate nor a dwelling; and serious error of law.”

Vicoy said they have all the evidence to prove that the premises were closed based on the affidavits of their witnesses.

“Thus, an amendment in the Information must be made to jibe with the evidence presented during the trial to serve justice,” petition reads.

Vicoy likewise, sought for the conviction of the three for a violation of other forms of trespass.  (FREEMAN)