Court acquits driver from murder charges

CEBU, Philippines - The Regional Trial Court has acquitted a driver after the prosecution failed to prove that there was a conspiracy in the killing of Joseph Bonifacio.

RTC Branch 18 Judge Gilbert Moises dismissed the murder case saying the prosecution failed to prove that accused Joseph Abanyo acted in conspiracy with Rodel Daclison beyond any doubt.”

Moises said the prosecution failed to prove that at about 4:00 a.m. on December 25, 2007, Abanyo indeed helped Daclison, who is at large, in attacking and stabbing the victim causing his untimely death.

Due to the acquittal, Moises directed the Cebu City Jail Warden to release the accused from custody.

The prosecution presented four witnesses.

Kevin John Tarba, a resident of San Roque, Mambaling, Cebu City, testified that he saw the incident because he was having a drinking session with his friends in their place.

At around 4:00 a.m. they went out to get some beer. While on their way back, they saw Abanyo holding an ice pick and shouting at the victim to get out and that he will kill him.

Thereafter, he said Daclison arrived and told them that he was “so angry.”

The victim went out and brought with him a small piece of wood.

“Abanyo made a thrust towards Bonifacio but Bonifacio was able to evade. Daclison suddenly ran towards Bonifacio embracing Bonifacio from behind while stabbing at the same time. Daclison made three thrusts. While Abanyo was merely looking at what was happening but after Bonifacio fell on the pavement, both Abanyo and Daclison ran away,” Tarba narrated.

Tarba’s testimony was corroborated by Fortunato Alolor.

Martin Cabusas, the uncle of the victim, presented before the court the death certificate and the expenses they incurred for the victim’s burial.

Eduard Lasam said he also witnessed the incident. However, before that, he said the victim and a certain Marites were having a conversation when suddenly Abanyo arrived and without any provocation made a thrust to the victim with an ice pick but the latter was quick to evade.

He said the victim chased Abanyo and when he was able to catch him, Abanyo then stabbed him in the stomach. Thereafter, Daclison arrived and stabbed the victim.

The defense presented Mary Ann Corporal, Abanyo’s stepdaughter who said they were inside their house when the incident happened.

Abanyo denied any participation in the killing and said he was merely inside their house when the incident happened. He added that he was surprised after learning his name was dragged as one of the accused.

In his eight-page decision, Moises ruled that based on the accounts of the witnesses for the prosecution, they failed to establish the acts of conspiracy between Abanyo and Daclison in killing the victim.

“There was no showing, not even a hint that both accused acted together.

Although it may be gathered that the two accused on their own, desired to kill the victim, nowhere in the testimonies of the witnesses was it proved that both either expressly or tacitly through their actions, agreed to kill the victim,” the decision reads.

Moises added that Lasam’s statement lacked “candidness.”

“His testimony seemed contrived and made up belatedly to suit the theory of conspiracy espoused by the prosecution. Moreover, jurisprudence has repeatedly ruled that a person’s mere presence in the locus criminis do not establish that he is part of the conspiracy,” the decision further reads. (FREEMAN)