Decision convicting man for frustrated murder reaffirmed

CEBU, Philippines - The Court of Appeals has dismissed an appeal filed by a man who was convicted for frustrated murder for trying to kill his uncle.

Penned by Associate Justice Gabriel Ingles, the CA decision found no ground to reverse the decision of the Regional Trial Court convicting Joel Baruc, a resident of Barangay Doong in Bantayan.

“Based on the foregoing, the attack on the private complainant was sudden and unexpected. He was not afforded of any means to defend himself while the accused-appellant was exposed to no risk arising from the defense which the private complainant might have made. To say the least, he did not expect the accused-appellant to stab him,” the decision reads.

The RTC convicted Baruc in 2011 and sentenced him to suffer the penalty of imprisonment from six years to 14 years and eight months.

Baruc, however, appealed his case, claiming the prosecution failed to prove his guilt and that in fact, there was a desistance coming from the complainant, Carlos Montebon.

Montebon said that on July 2, 2003, at about 8 p.m., he was admonishing a certain Santiago and his in-law, who were both fighting with each other, when Baruc allegedly stabbed him.

While the case was ongoing, Montebon manifested before the court that he was withdrawing the case on the ground of blood relation as Baruc is his nephew.

However, the trial court denied Montebon’s oral desistance, saying it was not meritorious.

“The Honorable Supreme Court has held in a number of cases that mere retraction by a prosecution witness does not necessarily vitiate the original testimony if credible (People vs. Dulay). The court looks with disfavor upon retractions of testimonies previously given in court. The rationale for the rule is obvious. Affidavits of retraction can easily be secured from witnesses usually through intimidation or for monetary consideration. Recanted testimony is exceedingly unreliable. There is always the probability that it will later be repudiated (People vs. Clamor),” it said, affirming Baruc’s conviction.  (FREEMAN)