The court cleared a man of robbery charges due to the failure of the prosecution to prove the guilt of the accused.
In his two-page decision, Regional Trial Court Branch 8 Judge Macaundas Hadjirasul, acquitted Jimwell Lapas of robbery charges due to the failure of the private complainant to appear in court.
Hadjirasul said that PO1 Justino Paragados, who was one of those who arrested Lapas, had no personal knowledge of the commission of the offense that was charged against the suspect.
Paragados and PO2 Julito Labra, all assigned at the Theft and Robbery Section of the Cebu City Police Office were conducting a mobile patrol in the evening of October 8, 2007 when they received a robbery alarm from a barangay tanod of Sambag 2.
When they responded to the area, the victim, Edgarda Lataba told the police officers that he saw one of the three persons who robbed him standing beside a basketball court in sitio Maharlika.
The victim said he was robbed of his wallet and two cellular phones. Paragados and Labra arrested Lapas and brought him to the police station for detention.
But during the proceedings, the prosecution was only able to present the testimony of Paragados and his affidavit because the victim failed to appear in any of several settings for the prosecution’s evidence despite subpoenas.
The notices and subpoenas that were issued to the complainant were returned with notations that his address was unknown and that he cannot be located in the given address. — Jasmin R. Uy/WAB