QC court acquits Cebuano bizman in carnapping rap

CEBU, Philippines -  A Cebuano businessman accused of qualified carnapping in Quezon City was acquitted of the crime because of the failure of the prosecution to prove his guilt.

Regional Trial Court Branch 92 Judge Eleuterio Larisma-Bathan dismissed the case against Jovel Entote.

“Wherefore, on grounds of reasonable doubt accused is hereby acquitted,” Bathan ruled.

Entote’s counsel Noel Archival said the prosecution failed to present evidence against his client. Archival maintained that his client was innocent of the crime.

Bathan ruled that the court was in doubt whether Entote was the same person who shot Rodolfo Petaliano and forcibly took the Toyota Super Grandia van he was driving.

“Identification of the offender to be admissible and believable must be positively made with moral certainty. If the identification is made lacking in moral certainty, the court should discard it. The same should not be considered as evidence of identification,” the three-page decision read.

Petaliano was shot on April 9, 2009 at around 11:00 p.m. in Katipunan Avenue, Quezon City.

Meanwhile, Archival said that the complaint filed before the Cebu City Prosecutor’s Office against Entote’s wife, Mary Anne, was also baseless. He said they are still waiting for the resolution of the complaints.

Mary Anne was arrested by the members of the Highway Patrol Group (HPG) inside their residence in Barangay Banilad, Cebu City sometime in August 2012 based on a search warrant for alleged stolen sports utility vehicles (SUV).

The arrest of Mary Anne came two days after her husband was arrested in Barangay Cogon-Ramos in relation to the shooting and carnapping incident in Quezon City.

Archival said the vehicles subject of the search warrant were properly documented. —  (FREEMAN)