A CEBU City court acquitted a policeman accused of killing his brother-in-law in 2008.
Regional Trial Court Judge Gilbert Moises of Branch 18 said the prosecution failed to prove the guilt of PO1 Jose Dennis Malazarte.
The judge cited the decision of the complainant, Anastacio Alforfon, to withdraw the charges against his son-in-law.
Also eye-witnesses in the case retracted from their testimonies against Malazarte.
“Although retraction is generally frowned upon, it has left a vacuum in the prosecution’s case as the credibility of its witnesses is now doubtful,” the judge said.
The court ordered the immediate release of Malazarte from the Cebu City Jail.
The judge said that guilt beyond reasonable doubt “must be established before the court can pronounce conviction.”
Malazarte was accused of shooting to death his brother-in-law Bienvinido Vargas Alfornon on Dec. 6, 2008.
He earlier admitted killing Alfornon following a heated argument inside a store on N. Bacalso Avenue, Cebu City.
Vendor Rosario Quiboquibo, 43, said she was cooking eggs when she saw Malazarte shoot the victim.
She later changed her testimony, saying she did not see the incident.
The victim’s father Anastacio said he heard gunshots while he was in their residence.
When he went out to verify what happened, he said he saw his dead son and Malazarte holding a firearm.
However, Anastacio later retracted his testimonies.
He said he was no longer interested in pursuing the case against Malazarte upon the advise of his grandchildren.
Anastacio admitted he gave Quiboquibo money./ADOR VINCENT S. MAYOL