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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused, but whether it entertains a reasonable doubt as to their guilt. Where there is no moral certainty as to their guilt, they must be acquitted even though their innocence may be questionable. The constitutional right to be presumed innocent until proven guilty can be overthrown only by proof beyond reasonable doubt.
PO1 De Guzman and a team of police officers of the Quezon City Police District conducted Oplan Galugad at Quezon City after receiving information from a concerned citizen regarding alleged illegal gambling activities in the area.
When the team reached the place, the police officers saw a group of men huddling over a game of cara y cruz. The police officers approached and caught petitioners in the act of placing their bets. PO1 De Guzman grabbed the money on the pavement totaling PHP3,750.00. Thereafter, the police officers frisked Plan and Enolva and recovered two plastic sachets containing white crystalline substance.
Plan and Enolva interposed denial. Enolva asserted that while he was traversing Aurora Boulevard on his way home to Bulacan, something went wrong with his motorcycle. He stopped and messaged Plan asking if he had tools for repair. After receiving Plan’s affirmative response, he went to Plan’s house in Quezon City.
While they were working on the motorcycle, armed men in civilian clothes suddenly barged into the compound where they were and pointed guns at them. Plan corroborated Enolva’s testimony.
The Metropolitan Trial Court found Plan and Enolva guilty of illegal gambling.
The Regional Trial Court (RTC) affirmed the conviction of Plan and Enolva but modified the penalty.
The Court of Appeals affirmed in full the RTC’s decision.
Plan and Enolva now plead anew their purported innocence and pray that a verdict of acquittal be rendered in their favor.
The Supreme Court Decides
The Supreme Court acquits Plan and Enolva due to the prosecution’s failure to establish their actual participation in a game of cara y cruz.
Here, petitioners claim that the police officers’ failure to state with accuracy the actual denomination of their alleged bets amounts to reasonable doubt.
Considering the proximity of the arresting officers to the locus criminis in this case, i.e., two to three meters away, their failure to provide details regarding the illegal gambling incident militates against their credibility. Indeed, it is interesting that they claimed to have witnessed petitioners placing money bets yet were unable to answer when asked for further details. They even clearly stated that the money bets were placed on the floor. But if they had really seen the same, then it is inconceivable why they could not identify any denomination of the same, which would have been readily identifiable based on the color of the bills.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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