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VOL. LIII No. 86
City of Tagbilaran, Bohol, Philippines
Sunday, March 11, 2007
ADVERTISERS
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OPINION
Obiter Dictum
Juan L. Mercado
Sundry
Viewpoints
One Voice
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64-YEAR-OLD WOMAN ACQUITTED
OF KILLING AN 84-YEAR-OLD WOMAN

  "Courts should be guided by the principle that it would be better to set free ten men who might be probably guilty of the crime charged than to convict one innocent man for a crime he did not commit."  
 

 

Benedicta Garcia, an 84-year-old married woman was strangled to death on Oct. 12, 1992 in Daan Tabuyon, Tabugon, Cebu. Her head was smashed on the floor. On Oct. 16, 1992, Benedicta signaled to Alicia Garcia, her daughter-in-law, to go close to her. Benedicta motioned how she was held to death in the neck and then struck while uttering the nickname, "Citas." Then, Benedicta died.

Teresita P. Buenaventura, a 64-year-old woman, was accused of killing Benedicta.

On March 25, 1993, she was charged with homicide before the Regional Trial Court of Cebu.

On June 20, 1997, the trial court found Teresita guilty of homicide and was sentenced to an indeterminate penalty of imprisonment of 10 years and one day of prision mayor, as minimum, to 17 years and 4 months of reclusion termporal, as maximum. She was also ordered to pay to the heirs of Benedicta the sum of P50,000 as death indemnity.

Thereafter, Teresita appealed the decision to the Court of Appeals. On Dec. 21, 2000, the Court of Appeals affirmed with modification the appealed RTC decision, but the penalty was reduced to 6 years and 1 day of prision mayor as minimum to 12 years and 1 day of reclusion temporal as maximum.

Undaunted, Teresita appealed to the Supreme Court through a petition for review on certiorari.

In a decision dated June 27, 2006, the Supreme Court acquitted Teresita of the crime charged.

According to the High Tribunal, Teresita did not flee from the alleged scene of the crime, but rather even sought the help from no other than the prosecution witness, Epifanio Comedido.

The Court further noted that despite having witnessed Teresita hit Benedicta on the head, the supposed witness, Florentino Gepiga, did not bother to report what he saw to the latter's children or immediate relatives while Benedicta was still alive.

For more than a century now, the Court has repeatedly ruled that "evidence to be believed must not only proceed from the mouth of a credible witness, but it must be credible itself."

The Court was not satisfied that the constitutional presumption of innocence which Teresita was entitled to, was adequately overcome. Teresita's guilt beyond reasonable doubt was not duly established. (Buenaventura vs. People 493 SCRA 223 (2006).

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For comments and reactions, send mail to Atty. Jorge D. Cabalit, Cabalit Law Office, 74 Belderol Street, Tagbilaran City or send e-mail to: viewpoints@boholchronicle.com

  
  
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