Robbery suspect acquitted

CEBU, Philippines - A robbery suspect was acquitted by the court after his supposed victim was not presented to testify in court for the prosecution.

Regional Trial Court Branch 16 Judge Sylva  Aguirre Paderanga absolved Jonathan Minao of the crime of robbery that he allegedly committed on February 12, 2004 along P. Del Rosario Street.

“Under the obtaining circumstance in this case, this court finds that the prosecution’s evidence miserably failed to establish the guilt of the accused beyond reasonable doubt,” the decision read.

Minao was arrested by traffic enforcer Leonardo Gako after he allegedly snatched a wrist watch and stole money from a certain Aladin Cabanig. Gako said while he was directing the traffic at the corner of Osmeña Boulevard and P. Del Rosario on February 12, 2004 at 6:30 pm, a professor of the Cebu Normal University told him about a robbery incident and sought his assistance.

Gako said that Cabanig, a friend of the CNU professor, pointed at the accused as the one who divested him of his diver’s watch and money. With the help of other traffic enforcers around, they arrested Minao.

Minao denied the charge saying he was only buying “ukay-ukay” (used clothing) near the area where the robbery incident took place. He said after buying “ukay-ukay” he went across the street supposedly to wait for a ride.

However, two traffic enforcers approached him and accused him of stealing something from Cabanig. Minao said he was brought to the Land Transportation Office before he was turned over to the Parian Police Station where he was detained for two days.

During his detention his supposed victim did not show up until the filing of the case. In fact, the victim was not presented by the prosecution as witness.

Paderanga said that because of the prosecution’s failure to present the victim, Gako’s testimony could not be given weight.

The court described Gako’s testimony as hearsay in the absence of the testimony of the victim.

Paderanga cited the case of People vs dela Cruz stating that, “any oral or documentary evidence is hearsay by nature if its probative value is not based on the personal knowledge of some other persons who was never presented on the witness stand.”— (FREEMAN)