Man arrested 8 years after crime cleared

CEBU, Philippines - For lack of evidence, a man accused of killing his neighbor in 2011 was cleared of charges.

Regional Trial Court Judge Gilbert Moises dismissed the murder case against Jimelou Purisima, a resident of Escario Street, Cebu City, who was accused of killing Rolando Miñoza, Jr. on May 30, 2001.

“It is indeed woeful that nobody could be made to answer for the death of the victim. But it would be a tragedy if the court convicts the accused just so one would be able to answer for the loss of his life even if the evidence against him is wanting. Wherefore, on the basis of the foregoing considerations, judgment is rendered finding the accused not guilty of the crime of murder,” Moises’ decision reads.

Moises ordered Purisima’s release from the Cebu City Jail unless there are other legal grounds to warrant continued detention.

The court said that the testimony of prosecution witness Dennis Limosnero was not enough to prove Purisima’s guilt because while Limosnero said he saw the accused holding a gun, he did not see the actual shooting.

Miñoza was shot around 10:45 p.m. on May 30, 2001 in front of the Capitol Parish along Escario Street in Cebu City.

“The mere holding of gun is not conclusive that the holder was the one who fired the fatal shot at the victim,” the court said.

The court also noted Limosnero’s admission that there were many people in the area and they ran for safety when they were attacked, which would have been “improbable” for Limosnero to actually see that it was Purisima who fired the gun.

The court likewise noted that during the preliminary investigation, several names were dropped from the case “because of lack of identification which only boosts the court’s belief that the prosecution was unsure of its evidence.”

For his defense, Purisima told the court that a commotion had occurred just as he and his friend Manuel Ponce and Gaudencio Ragasa were heading to the area near the Capitol Parish Church. They reportedly learned about the shooting from the tanods in the area.

He said it was only in 2009 that he was arrested and, for eight years, never went into hiding.  (FREEMAN)