SC acquits man jailed convicted of rape 11 years ago | Inquirer News

SC acquits man jailed convicted of rape 11 years ago

By: - Reporter / @JeromeAningINQ
/ 07:28 PM March 30, 2013

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MANILA, Philippines—Saying the defendant was convicted on mere circumstantial evidence that could not establish his guilt beyond reasonable doubt, the Supreme Court has acquitted a farmhand sentenced to prison for the rape and murder of an eight-year-old girl in Lanao del Sur 15 years ago.

The Supreme Court’s First Division, chaired by Chief Justice Ma. Lourdes Sereno, said its review of the lower court’s decision on the case of Gerald Soriano found that the  police and prosecution’s evidence against him was weak and the circumstances they presented “do not form a solid and cohesive narrative that proves with moral certainty” that he committed the crime.

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“[T]he circumstances borne out by the records are severely insufficient to establish the culpability of Soriano as one may reasonably extrapolate other possible scenarios other than those pointing to his guilt,” the court said in the March 13 ruling penned by Sereno.

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The other division members, Justices Teresita Leonardo-De Castro, Lucas Bersamin, Martin Villarama Jr. and Bienvenido Reyes concurred.

The Marawi City Regional Trial Court convicted Soriano in 2002 of raping and killing the victim in Wao town, Lanao del Sur, on December 30, 1998. The girl’s body was discovered dumped in an irrigation canal and the medical evidence showed she was raped, had several bite marks, and died of strangulation.

The defendant claimed the police tricked him into signing a confession. He said he later admitted to the crime because the town mayor threatened to feed him to crocodiles if he refused to confess.

The trial court anchored its decision on the testimony of a witness who claimed she saw Soriano—and no one else—pass by her toward the place where the crime was committed.

The judge also cited the soiled clothes—yellow shirt and jeans—recovered by the police in Soriano’s house. Another witness claimed seeing Soriano wearing the same clothes, which were then clean, on the day the crime took place.

In 2009, the Court of Appeals discarded Soriano’s confession as inadmissible but upheld Soriano’s conviction and sentence of reclusion perpetua without eligibility for parole. He appealed to the Supreme Court.

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In its eight-page ruling, the Supreme Court said that to an “unprejudiced mind,” the fact that Soriano was the only one seen by witnesses going to the crime scene “does not logically lead to any conclusion” that Soriano committed the crime.

The justices said it was possible that the first witness did not see the perpetrator, who might have used a different path to the crime scene. The finding of the soiled garments at Soriano’s home did not automatically prove that he was guilty.

“The evidence in this case having fallen short of the standard of moral certainty, any doubt on the guilt of the accused should be considered in favor of his acquittal. The law enforcers’ missteps in the performance of the investigation and the prosecuting attorney’s careless presentation of the evidence cannot lead to any other conclusion other than that there are doubts as to [Soriano’s] guilt,” the justices ruled.

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The high court ordered the Bureau of Corrections to release Soriano from the New Bilibid Prison in Muntinlupa City unless he is also being held for another lawful cause.

TAGS: Crime, Justice, Rape, Supreme Court

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