FACTS: On
December 17, 1995, Rolando O. Bahian alleged that Capistano Daataya et al,
conspiring mutually, unlawfully and feloniously with intent to kill, assaulted,
box, kick and struck Bahian. This incident happen a day after a commotion
incident between the parties in the basketball court. Bahian Farther alleged
that a stone was thrown to his head by petitioners that causes depress frontal
fracture, open frontal bone, left, and advice for surgery. The petitioners
pleaded not guilty.
The defense, apart from the three petitioners, offered the
testimonies of Delfin Yafiez (Delfin), Rodolfo Yafiez (Rodolfo), Danzon Daayata
(Danzon) and Rosemarie Daayata (Rosemarie ). Petitioners Salisi and Malacat
claimed that they were having coffee at the house of Vicente Daayata (Vicente),
in the morning of December 17, 1995. Bahian arrived with Kagawad Abalde, and
called for Salisi to come out. When Salisi acceded, Bahian challenged him to a
fight and threw the first punch that started a scuffle. In the course of the melee,
Bahian took a swing for Salisi, who ducked, causing Bahian to lose his balance.
Bahian then fell on the pavement and hit his head. Kagawad Abalde then drew a
gun, poked it at Salisi, and threatened to kill him. For his part, petitioner
Daayata claimed that he was in his house, some 50 meters away from Vicente's
house when the incident recalled by petitioners Salisi and Malacat transpired.
He rushed to Vicente's house upon hearing a commotion. Farther said the
Barangay Captain Yafiez arrived after an hour. They added however, that in the
evening of December 16, while they were on their way home, Bahian waited for
them to pass by his house, where he challenged them to a fight. Defense witness
Rodolfo allegedly pacified Bahian.
Frustrated murder case was file against petitioners, the
petitioners ordered guilty by Regional Trial Court (RTC), Branch 37, Misamis
Oriental, Cagayan de Oro City. The petitioners appealed in the court of appeals
but affirmed guilty. However, Bahian Medical Certificates showed no injury
other than that on fore head. Bahian during the questioning admitted that the
injury on the forehead was cause by accidentally he hit the edge of the
concrete pavement.
ISSUE: Whether
or not the failure of the prosecution to prove the guilt of petitioners beyond
reasonable doubt, a ground for acquittal of the petitioners?
HELD: Yes, the
failure of the prosecution to prove the guilt of petitioners beyond reasonable
doubt, a ground for acquittal of the petitioners.
The right of the accused to be presumed innocent until
proven guilty is guaranteed under Section 14(2), Article III (Bill of Rights)
of the 1987 Philippine Constitution. This fundamental right of the accused is
also embodied under Section 2, Rule 133 of the Rules of Court, which specifically
states that "in a criminal case, the accused is entitled to an acquittal,
unless his guilt is proved beyond reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof, excluding possibility of error,
produces absolute certainty. Only moral certainty is required, or that degree
of proof which produces conviction in an unprejudiced mind."
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