MANILA, Philippines?The Supreme Court on Thursday affirmed the dismissal of the murder case filed against the estranged husband of singer Kuh Ledesma.

In a resolution, the high court first division said the relatives of slain businessman Francisco "Don Paco" Delgado failed to raise new arguments that would warrant a reversal of its August 2009 ruling in favor of Luisito Gonzales, Ledesma's former husband and grandson of the late President Elpidio Quirino.

The Supreme Court affirmed the decision of the Court of Appeals saying there was no probable cause to file criminal charges against Gonzales and his driver Antonio Buenaflor on the death of Delgado.

The appeals court noted that the finding of probable cause was based solely on the testimony of a lone eyewitness, Annalisa Pesico, girlfriend of the victim.

In her first testimony, Pesico claimed that she was with Delgado when the latter was stabbed to death inside his residence at Mayflower Building in Malate, Manila on March 10, 2007 and that she was beaten up by two men who noted that they were just following the orders of Franco, brother of Delgado.

But in her second sworn statement which she executed four days after, Pesico identified the assailants as Gonzales and Buenaflor.

She said she recognized them when they removed their masks.

However, the appeals court said that it was unlikely that she would see their faces due to the suddenness of the attack.

"While her first sworn statement undoubtedly counts as a 'fresh account' of the incident, there are valid reasons to suspect that the second sworn statement could have been tainted, if not supplied or suggested, considering the intervening time between the execution of the first and second statements," the court said.

The appeals court also noted that if she had seen both her assailants, how come she only gave a cartographic sketch of only one of them and which did not resemble anyone of the two petitioners.

The court also gave weight to the affidavits of the 29 medical staff of the Neuro Psychiatric Unit of the Medical Center presented by Gonzales and Buenaflor to prove that it was impossible for him to be at the crime scene considering that he was confined in the said hospital at the time of the killing.