Man cleared of homicide

CEBU, Philippines - For the failure of the prosecution to prove his guilt beyond reasonable doubt, Judge Sylva Paderanga of Regional Trial Court Branch 16 has dismissed the criminal case filed against a man accused of attacking his neighbor in 2007.

“Wherefore, for all the foregoing considerations, this court hereby renders judgment acquitting the accused, Ramil Maglasang, as he is hereby acquitted of the crime charged,” the decision read.

Paderanga likewise, cancelled the bail bond put up by the accused during the pendency of the case for his temporary liberty.

Maglasang was charged for homicide for allegedly inflicting physical injuries on the victim Rogelio Lobitana on June 23, 2007 around 10:45 p.m. allegedly causing the latter’s death.

Amalia Lobitana, wife of the victim, said in her account that while they were inside their store in Sitio Nasipit, Barangay Talamban, Cebu City, she heard the accused shouting.

She said she tried to prevent Maglasang from entering their store but he overpowered her, got inside and punched her husband who fought back.

Dante Navarro, the assistant of Amalia in the barbeque stand, tried to pacify the two but went unheeded by the accused who allegedly kept on punching the victim.

Amalia said her husband fell down and complained that he could not breathe. The victim was brought to the hospital but died hours later due to a heart attack.

Dr. Oliver Jimenez said the victim died due to emotional distress which can be the cause of a heart attack.

For the defense, Maglasang said on the said date, he saw the couple and Dante Navarro and Marilyn Navarro drinking.

While Amalia was grilling the barbecue, he heard Marilyn shouting at him to come out if he was brave. He replied they were acting tough because they outnumbered him.

He said Amalia then attacked him by scratching him while Rogelio started punching him.

He said the victim fell down when they were helping each other in attacking him.

To support his claim, he issued a medical certificate.

In her seven-page decision, Paderanga ruled based on the evidence presented, she found no evidence to hold accused criminally liable.

She said the prosecution wants to establish that the victim died due to a heart attack triggered by an emotional distress caused by the accused having provoked a fistfight with the victim.

However, during the marking of evidence, the death certificate of the victim was not marked.

“Under this circumstance, the death certificate showing the fact of death of the victim cannot be treated as evidence. Hence, the present case is wanting of proof of the death of the victim.  Documents which may have been identified and marked as exhibits during the pre-trial or trial but which were not formally offered in evidence cannot in any manner be treated as evidence,” the decision read.

“No one knows whether or not prior to the fistfight between the accused and the victim, the latter was already suffering from emotional distress. Such occurrence of emotional distress suffered by the victim which allegedly caused the latter’s death cannot be attributed with certainty solely to the accused,” Paderanga added.  (FREEMAN)