GR L 70836; (October, 1988) (Digest)
G.R. No. L-70836 October 18, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TIMOTEO TOLENTINO y MAPUA alias “TEM”, defendant-appellant.
FACTS
The accused, Timoteo Tolentino, was charged with Murder for the killing of Alfredo Quitoriano. The information alleged that on July 26, 1982, in Quezon City, the accused, conspiring with a John Doe, attacked the victim by throwing stones at his head and stabbing him, causing fatal wounds. After reinvestigation failed to identify John Doe, only Tolentino was arraigned. The prosecution presented its evidence, after which the accused filed a demurrer to evidence, arguing a failure of proof. The trial court deferred resolution, and the accused, relying on his demurrer, waived his right to present evidence. The court subsequently convicted Tolentino of Murder and sentenced him to life imprisonment.
ISSUE
Whether the prosecution proved the guilt of the accused beyond reasonable doubt for the crime of Murder.
RULING
No. The Supreme Court acquitted the accused. The prosecution’s evidence was insufficient to establish guilt beyond reasonable doubt. The Court meticulously examined the testimony of the lone eyewitness, Bienvenido Ferrer, and found it unreliable. Ferrer’s account was inconsistent and failed to clearly demonstrate that the stone thrown by the accused actually hit the victim. Furthermore, his testimony did not establish that the accused inflicted the fatal stab wound or conspired with another to do so.
The Court emphasized the prosecution’s failure to prove conspiracy or complicity. The necropsy report indicated the victim died from head injuries and a stab wound. However, the evidence did not credibly link the accused to the infliction of these mortal wounds. There was no proof he conspired with an unidentified assailant or provided material aid with criminal intent. The constitutional presumption of innocence must prevail when the evidence does not meet the required moral certainty. The burden of proof lies with the prosecution, and its failure to discharge this burden necessitates acquittal. The decision of the trial court was reversed.