Incredible evidence

To be convicted of a crime, there must be proof beyond reasonable doubt. This proof consists of clear, convincing, credible and factual evidence. This is explained in this case of Tomas.

Tomas was accused of the crimes of robbery with rape and frustrated homicide due to an incident that happened one night in the month of April in a town in Central Luzon. The victims in said crimes were Alma and her husband Berto.

According to the prosecution witnesses, particularly Alma, she was heading to her house at about 9 p.m. when she saw an individual, later identified as Tomas, urinating at the side of a footbridge. Then while she was about to reach the other side of the footbridge, Tomas suddenly put his arms around her shoulder and poked a knife in her side. Tomas instructed her not to shout and to just bow her head as he brought her back to the dark portion of the bridge where he was previously seen urinating. Then Tomas made her sit and took her personal belongings, including her Louis Vuitton wallet containing more or less P3,000.00, her ID cards, cell phone and a USB with approximately P500.00.

As Tomas was holding her cell phone, Berto, who was then still Alma’s boyfriend, sent a message to Alma asking where she was. So Tomas sent a reply to Berto, saying “Gago girlfriend ko si Alma.” Then Tomas put Alma’s belongings aside and started molesting her, lifting her shirt and bra and licking her breast. Afterwards he removed her underwear and forcibly laid her on the cemented floor where he licked her vagina and inserted his finger in it. He also allegedly inserted his penis into her vagina. Alma claimed that there were a few people who walked past them but Tomas instructed her to ignore them, keep her head bowed and not make any noise. Alma then said that Tomas forced her to suck his penis.

Meanwhile, Berto started looking for Alma after waiting for two hours at their house. He found them at the footbridge when Tomas was forcing Alma to suck his penis. When Berto confronted Tomas, the latter stood up and stabbed Berto in the chest. And when Tomas was about to stab Berto again, Berto jumped into the river, followed by Alma who sensed that she was about to be stabbed also. Then the friends of Alma’s brother arrived upon hearing her cry for help. So, Tomas got Alma’s bag and fled the scene. Afterwards, Alma went to the police station to report the incident while Berto was rushed to the hospital. The medico legal report on the examination of Alma showed that she had hematoma on the lower lip and abrasions in the knees, left leg and right foot. On the other hand, Berto sustained soft tissue injury due to stabbing.

Tomas denied the charges and invoked the “sweetheart theory.” He said that he met Alma when she became a passenger in his tricycle. Alma told him that her sister is the girlfriend of the brother of Tomas. Thereafter Alma became the passenger of Tomas, so Tomas joked that she was beginning to be his regular passenger to which she replied: “Oo nga parang sinasadya ng pagkakataon.” And when Alma told him that she already has a boyfriend, Tomas said, “Sayang, balak pa naman kitang ligawan.”

Two weeks later when they saw each other again, Tomas started courting Alma until they became sweethearts. They met at the footbridge where Alma insisted on staying, holding each other’s hands, so that other people might not notice them. After sometime, Tomas said that a man holding a flashlight arrived who shouted invectives at them. Tomas recognized the man as Berto, who was carrying a knife and attacked Tomas. Alma stood between them, so Berto dragged Alma, who rolled over to the ground. When Tomas asked Berto why he did that, Berto answered “Gago ka ba, syota ko yan”. They wrestled for the knife rolling over to the ground where Berto was accidentally stabbed. Due to fear, Tomas fled the scene on his tricycle.

But the Regional Trial Court (RTC) did not believe Tomas’ story, which it found to be scripted and rehearsed. So, the RTC found him guilty beyond reasonable doubt of robbery with rape and attempted homicide and sentenced him accordingly. This was affirmed by the Court of Appeals (CA) with modification as to the penalties.

On appeal by Tomas, the Supreme Court (SC) reversed the decisions of the RTC and the CA and acquitted Tomas. According to the SC, records show that Alma’s testimony is inconsistent and incredible. In her affidavit she stated that she took off her pants upon order of Tomas. However, during her direct examination, she testified that it was Tomas who pulled down her pants. Alma’s testimony that Tomas inserted his penis into her vagina was not reflected in the police blotter or in her affidavit.

The RTC’s reason for Alma’s reluctance to admit such events – because she was ashamed to disclose it – was not supported by evidence. In fact, Alma admitted that she went to the police station with her mother and friends of her brother while Berto was rushed to the hospital. Moreover, the medical report contradicted Alma’s claim that Tomas had carnal knowledge of her. The prosecution also failed to prove that Tomas intended to kill Berto because the wounds inflicted on him were not that serious as he was hospitalized only for two days.

Alma indeed appears to be embellishing her story, adding new information not previously alleged every time her statement is taken, from the police blotter until her cross examination. Her conduct manifests a deliberate intention to concoct a story that is different from what actually took place on the date of the incident. Tomas and Alma were indeed in a relationship.

Records also show that the altercation between Tomas and Berto started when Berto saw Tomas with Alma. In the testimony of Tomas which is more believable, it was Berto who first attacked Tomas with a knife. Fearing for his life, Tomas wrestled for possession of said knife, which accidentally hit Berto. Tomas was left with no opportunity to escape or defend himself in equal combat. He acted under a compulsion of irresistible force and uncontrollable fear. While a crime was committed, no criminal liability arises. So, Tomas was acquitted of both crimes charged for failure to prove his guilt beyond reasonable doubt (People vs. Tamayo, G.R. 234943, Jan. 19, 2021).

*      *      *

Email: [email protected]