Court dismisses murder case vs radio talent

CEBU, Philippines -  Due to the lack of evidence, the Regional Trial Court has dismissed the criminal case filed against a radio drama talent for allegedly killing his neighbor.

Judge Gilbert Moises of Branch 18 cleared Bobet Vargas, a resident of Villagonzalo I, Barangay Tejero, Cebu City, accused of killing Julius Mata, a resident of Zapanta Street, Barangay Tejero.

“Under these premises, the court finds it difficult to find the accused guilty beyond reasonable doubt as it entertains lingering doubts on the guilt of the accused. It is primordial duty of the prosecution to present its side with clarity and persuasions so that conviction becomes the only logical and inevitable conclusion,” the decision read.

“Upon the failure of the prosecution’s to meet this test, acquittal becomes the constitutional duty of the court,” it added.

Moises then directed the jail warden of the Cebu City Jail to release Vargas from their custody unless he is detained for another lawful cause.

Marino Mata, the father of the victim, said on March 22, 2010 at about 9:50 a.m., while talking to his friend and a neighbor, he heard a gunburst near his house.

He added that he did not see who was shot but he saw accused coming from a corner of Zapanta Street and about to insert a firearm in his waistline.

He later learned that it was his son who was shot. They abruptly brought the victim to the hospital but the latter died 24 hours after the operation because of massive blood loss.

Marino said he has P97,500 in expenses from hospitalization down to the wake of his son.

Felix Mata said he was in the front door of their house carrying his grandchild and his nephew, Julius, was beside his house opening the water valve when he saw accused together with a certain “Halikhik” pass by. And then, accused suddenly turned around and shot the victim, Felix claimed.

In his defense, the accused said he was in Banilad attending their three children when the incident happened.

He said the case has no other purpose but to get back at his father, who is a barangay tanod and who cause the arrests of the victim. Accused said he told his father that his brother was mauled by the victim.

The testimonies of the accused that he was in Banilad, where his live-in partner lived, were corroborated by Rodrigo Abarquez, the father of his live-in partner and Bonifacio Vargas, his father.   (FREEMAN)