Capistrano Daataya, Dexter Salisi, and Bregido Malacat, Jr., (Petitioners) Vs. People of the Philippines, (Respondents)
G.R. No. 205745
March 08, 2017
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."
WHEREFORE, the Petition is GRANTED. The Decision of the Court of Appeals in CA G.R. CR No. 27951 is REVERSED and SET ASIDE. Petitioners Capistrano Daayata, Dexter Salisi, and Bregido Malacat, Jr. are hereby ACQUITTED for failure of the prosecution to prove their guilt beyond reasonable doubt. Any amount they each paid by way of a bail bond is ordered RETURNED. SO ORDERED.
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