Supreme Court saves soldier from death

The Supreme Court has spared a soldier from lethal injection after prosecutors failed to prove beyond reasonable doubt that he killed a tricycle driver in August 1997.

The High Court overturned a 1998 decision of the Cavite City Regional Trial Court which imposed the death penalty on Fidel Cubcubin Jr. for allegedly killing Henry Piamonte with a homemade caliber .38 revolver.

Justice Vicente Mendoza, who penned the ruling, said even the prosecution’s witness was unsure whether it was Cubcubin who was the person last seen with Piamonte, prior to their argument over the payment of alcoholic drinks they consumed in a bar.

Cubcubin’s arrest was also illegal, the tribunal said, saying policemen had no "personal knowledge" of the crime and should have gotten an arrest warrant first. — Delon Porcalla