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Opinion

Caught by conscience

A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison - The Philippine Star

This case proves that a suspect in a crime can also be the very source of evidence to establish his guilt beyond reasonable doubt.

One evening at around 9 p.m., on a lighted street in a suburban town, Ella, on her way home after buying medicine for her sick son, witnessed a horrifying scene. She saw Manny, Martin and two other unidentified men assaulting a man. She recognized Manny and Martin as her neighbors. Ella saw Martin stab the victim several times, then heard a gunshot and saw Manny holding a gun pointed at the fallen man. Terrified, she took another route home.

When she arrived home, she told her sister-in-law Marta about what she had seen. Later that night, her brother-in-law Fred informed them that her other brother-in-law, Lito, had been killed. It was only then that Ella realized the man she had witnessed being beaten and shot was Lito. The autopsy revealed that Lito suffered 29 stab wounds, an incised wound and two gunshot wounds that caused his death.

During the investigation, Ella’s family suffered further tragedy when two other brothers of Lito – including Ella’s husband – were killed, allegedly by the local police. Because of the slow and biased handling of the case, the family sought the help of the PC-CIS to investigate the three killings. The investigation into Lito’s death was delayed while Ella focused on seeking justice for her husband and brother-in-law.

When the case was finally reopened, investigators tried to locate Manny and Martin. Only Martin was initially captured; Manny went into hiding. Five years later – two years after Martin’s acquittal – Manny was finally arrested and brought to trial. At trial, Ella was the sole eyewitness. She confidently identified Manny in open court as the man pointing a gun at Lito while he lay on the ground. Her testimony was consistent, natural and sincere. She had no motive to falsely accuse Manny.

Instead of presenting his own defense, Manny filed a demurrer to evidence, arguing that he should also be acquitted like his co-accused Martin since both cases relied only on Ella’s testimony. The trial court rejected this argument. It held that the testimony of a single credible witness, if truthful and convincing, is enough to support a conviction. Ella’s straightforward account was more than sufficient to establish Manny’s guilt.

Moreover, Manny’s five-year flight from authorities strongly indicated guilt, as flight is considered evidence of a guilty conscience. As the saying goes, “the wicked fleeth even when no man pursueth, but the righteous are as bold as a lion.” Thus, the lower court correctly convicted Manny of homicide and sentenced him to imprisonment of eight years and one day as minimum to 14 years, eight months and one day as maximum. (Sevalle vs. Court of Appeals, G.R. No. 122858, Feb. 28, 2001)

ELLA

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