evidence digest for sept 8

8/9/2019 Evidence Digest for Sept 8

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PMPD / 9

Ampatin's testimony, therefore, should have been given weight by the trial

court.

The testimony of witness Rosales corroborates Ampatin's declaration in

court that he does not know herein accused-appellant and merely pointed

to him out of fear of the police. These testimonies remain unrebutted bythe prosecution as the arresting officers were not presented to refute or

deny the same. The foregoing testimonies exculpating accused-appellant

have sufficiently cast at least a shadow of doubt as to his guilt.

Disposition: Bragas conviction of robbery with multiple rape reversed and

acquitted.

People vs Berama (July 30, 1976)


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PMPD / 14

Nonetheless, where the evidence for the prosecution is weak and betrays

lack of concreteness on the question of whether or not defendant is the

author of the crime charged, alibi as a defense assumes importance. Not

very long ago, this Court, speaking through Mr. Justice J.B.L. Reyes, in

People vs. Fraga, L-12005, August 31, 1960, pointed out that "[t]he rule that

alibi must be satisfactorily proven was never intended to change the burdenof proof in criminal cases; otherwise, we will see the absurdity of an accused

being put in a more difficult position here the prosecution's evidence is

vague and weak than where it is strong."

Note in Berame:

There are three requisites for the admission of evidence of res gestae:

1) That the principal act, the res gestae, be a startling occurrence2) That the statements were made beore the declarant had time to contrive

or devise

3) That the statements must concern the occurrence in question and itsimmediately attending circumstances.

The following had been held to be part o res gestae:

y the statement of a child made within an hour after an alleged assaulty the testimony of a police officer as to what the victim told him not more

than 30 minutes after the coimmission of the alleged crime

y the statements of defendants employees made about 30 minutes after anaccident

y and the declaration of a victim some 5 to 10 mintes after the incident(People vs Ner)

evidence digest for sept 8

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