REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 789
ANTIPOLO CITY

PEOPLE OF THE
PHILIPPINES
Plaintiff,

-versus- Criminal Case No. 666-H

For:SPECIAL COMPLEX
CRIME OF KIDNAPPING
WITH RAPE AND
HOMICIDE &
KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION
MACK HALE D. BEAST,
Accused,
x-----------------------------------x

MOTION FOR RECONSIDERATION

The criminal justice system that we currently have is one

where the accused is bestowed with privileges. These privileges
are extended in so many forms. In the enactment of such
privileges, justice can be taken away from the people who are
also in search of it.

The reason for which in this case, that we ask you to

reconsider- for the constitution that grants the accused of
rights, also mandates that in the practice of such right, the
victims rights should be upheld as well.

The complainants in this case respectfully move for the

reconsideration of the Honorable Court’s Decision so that it
may redound to justice for both parties whose lives and liberty
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are also in question. The liberty of the victim being the
liberation from the braces of injustice, unfairness and societal
decline.

Complainants by counsel respectfully state:

1. On March 30, 2019, the decision of the Honorable court

was rendered, the dispositive portion which reads:

“Wherefore, the Court finds the accused guilty

beyond reasonable doubt of the crime of kidnapping and
illegal detention.”

2. The prosecution seeks for reconsideration of the decision

of this Honorable Court with a view of (1) Emphasizing
circumstances in the consideration of the issues and (2)
Presenting the errors that led to inaccurate conclusions.

SUMMARY OF ARGUMENTS

I. PRELIMINARY CONSIDERATIONS

A. The honorable court made

a mistake in arriving at
the decision.

1. This honorable Court was not able to appreciate the

significant details presented in evidence during the
trial. It is but normal that a court of immaculate
degree be negated of fault.

2. The court itself is the law while we the practitioners

of it are just but it’s learners. To this remark, we
respectfully submit the following errors which we
request for you to reconsider.

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 3. The errors of the truthfulness of the testimonies
made by the accused should be considered. The
inconsistency of the statements made by the
accused himself is enough to question his
credibility.

4. Consequently, this should have seriously impaired

the veracity of their claim should be negated and
their probative value greatly diminished if not
rendered useless altogether. On the whole, the
impression they create is that they were feigned or
fabricated.

5. It is an established jurisprudential rule that as

Between the positive assertions of the [victim] and
the negative averments of [appellant], the former
indisputably deserve more credence and are entitled
to greater evidentiary weight.1

6. In the face of the positive identification of accused,

untainted by any ill or improper motive, accused-
appellant's defense of alibi cannot prosper. Such
positive identification also prevails over accused
unsubstantiated denial.

7. The error of not taking into account the eye-

witnesses presented by the prosecution team is
erroneous.

8. Mr. Tatay N. Beauty, despite the hurtful memory of

the crime, has admitted to being a witness to the
rape of his own daughter.2

1
People v. Barcela, G.R. No. 179948, 8 December 2010
2
25 August TSN, Audio.
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 9. Mr. Cogsworth W. Clock, on the other hand, has
also inexplicably and systematically recounted the
fact of him seeing the accused stab the victim in the
chest several times.3

10. The fact of such circumstances has been stated in

both their Affidavits and has also mentioned it
during the taking of their testimonies in trial.

B. The decision is not in

accordance with evidence.

11. Error exists in the appreciation of the evidence

presented by the prosecution team. The acquittal of
the accused on the crimes of rape and homicide
based on lack of evidence is misplaced.

12. Proof beyond reasonable doubt does not mean such

a degree of proof as, excluding possibility of error,
produces absolute certainty.4 Only moral certainty is
required, or that degree of proof which produces
conviction in an unprejudiced mind.5

13. The evidence presented by the prosecution is more

than enough to convict the accused. The duty of the
prosecution to ensure the burden of proof to be that
which is of great weight to afford incredulous justice
to the ones harmed in this case was met. To not
cogitate over such facts and objects presented would
do absolute disgrace in the practice of law.

3
27 October 2018 TSN, pp. 8
4
People v. Claro, G.R. No. 199894, 5 April 2017
5
People v. Tadepa, G.R. No. 100354, 26 may 1995
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 14. While no general rule can be laid down as to the
quantity of circumstantial evidence which will suffice
in a given case, all the circumstances proved must
be consistent with each other, consistent with the
hypothesis that the accused is guilty, and at the
same time inconsistent with the hypothesis that he
is innocent, and with every other rational hypothesis
except that of guilt.

15. The circumstances proved should constitute an

unbroken chain which leads to one fair and
reasonable conclusion which points to the accused,
to the exclusion of all others as the guilty person.

16. In the case at bar, all the circumstances if taken into

account by this honorable court will lead to the
accused being the one responsible in the
perpetration of the crime that he is accused for.

II. SUBSTANTIVE ARGUMENTS

C. Tatay positively
identified Mr. Mack Hale
D. Beast as having raped
beauty n. Belle in his
presence.

21. Mr. Tatay N. Beauty testified in court on the

abduction, kidnapping and rape of the accused
against his daughter. “He was raping my daughter!”,
Mr. Tatay N. Beauty exclaimed.6

22. He testified to this despite the pain it takes to testify

on facts which are hard enough to remember, much
6
25 August 2018, TSN audio
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 more to relay in open court. However, in exchange of
such, he continued on with his duty to tell the truth
amidst the humiliation and ostracism he might
endure for the promise of justice.

23. During his testimony, taken on the day of 25 August

2018, he was also asked to identify a bloodied dress
which belonged to Ms. Belle N. Beauty. He testified
as such to attest that that was what Ms. Belle N.
Beauty was wearing during the commission of the
crime and that it was stained of blood resulting from
the rape committed against her.

24. Also, there was no reason for Mr. Tatay N. Beauty to

testify against Mr. Mack Hale D. Beast. To testify
against someone else while letting the real killer of
your only daughter run free would be truly dubious
and illogical.

25. It is settled that where there is nothing to indicate

that a witness for the prosecution was actuated by
improper motive, the presumption is that he was not
so actuated and his testimony is entitled to full faith
and credit.

D. Mr. Cogsworth w. Clock

positively identified Mr.
Mack Hale D. Beast as the
one who stabbed belle n.
Beauty several times in the
chest.

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 26. Mr. Cogsworth W. Clock in his testimony dated last
10 October 2018, positively identified and testified
to the fact that Mr. Mack Hale D. Beast killed Ms.
Belle N. Beauty.7

27. During the testimony he said he saw his boss, Mr.

Mack Hale D. Beast, dragging Ms. Belle N. Beauty
outside the garden. He then saw his boss stabbing
Ms. Belle N. Beauty mercilessly in her chest. 8

28. Mr. Cogsworth W. Clock also identified the weapon 9

that was used during the stabbing incident that he
personally witnessed.

29. Mr. Mack Hale D. Beast used an heirloom dagger 10.

It is also worth noting that this allegation was not in
any way confronted by the defense. Nowhere in any
of the pages of the TSNs’ covering October 20,
October 27 and November 10, 2018 can statements
be found confronting the allegations of Mr.
Cogsworth W. Clock.

30. The testimony of a single witness if positive and

credible is sufficient to support a conviction even in
charge of murder.11

31. The evaluation of the trial court gains immeasurable

importance particularly where there is only one
eyewitness to the commission of the crime whose

7
10/27/2018 TSN page 8.
8
Id.
9
Heirloom Dagger marked as Exhibit “O” in court records
10
Id

11
Bastian vs CA, G.R. No. 160811, 14 April 2008
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 testimony can make or break the prosecution case
and uphold or derail justice.

32. Indeed, the testimony of a single, trustworthy, and

credible witness could be sufficient to convict an
accused even when it is arrayed against several
witnesses for the defense. Well settled is the rule
that the testimony of a single, trustworthy and
credible witness is sufficient for conviction.

33. Mr. Cogsworth W. Clock amidst being the lone

witness should have been sufficient to convict the
accused. He testified clearly and convincingly of the
details that happened during the commission of the
crime.

34. The description was free of doubt and determinative

of consistency and of the truth. The testimony of a
lone witness for the prosecution should be enough
to suffice the establishment of appellant’s
culpability for the crime charged.

E. The defense that Mr.

Mack Hale D. Beast is
married to Belle N. Beauty
must fail.

35. The defense team invoked the element of marriage

between the victim and the accused. Ms. Belle N.
Beauty and Mr. Mack Hale D. Beast were not
married.

36. Even if they were, the relationship defense is not

usually regarded with favor in the absence of strong

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 corroboration. This is because the mere fact that
the accused and the victim were lovers should not
exculpate him from criminal liability for rape.

37. The Court observed that an allegation of a "love

relationship" between the parties, even if found to be
true, did not eliminate the use of force to
consummate the crime because the gravamen of
rape is the carnal knowledge of a woman against her
will and without her consent.

III. PROCEDURAL ARGUMENTS

F. The accused waives his

right to the constitutional
safeguard against double
jeopardy when he throws the
whole case open to review by
the appellate court.

38. No person shall be twice put in jeopardy of

punishment for the same offense. The rule of
double jeopardy had a settled meaning in this
jurisdiction at the time our Constitution was
promulgated.

39. It meant that when a person is charged with an

offense and the case is terminated either by
acquittal or conviction or in any other manner
without the consent of the accused, the latter
cannot again be charged with the same or identical
offense.

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 40. This principle is founded upon the law of reason,
justice and conscience. When an accused consents
to the filing of a motion for reconsideration of the
judgement against him, double jeopardy cannot be
invoked by him since he waived his right not to be
placed in double jeopardy.

41. The accused in this case entered a manifestation of

the intention to file for a motion for reconsideration
after the promulgation of judgment made against
him. The fact stated as such should allow the case
to be reinvestigated as the motion to have such
made is done by the accused himself.

G. Rules of technicality must

yield to the broader interest of
substantial justice.

42. In the interest of justice, technicality or the rules of

procedure should be set aside. Justice is the
constant and perpetual disposition to render every
man his due.

43. The constitution gives great weight to the right of the

accused in the criminal justice system in the
Philippines; however, there should always be
exceptions.

44. Our country being a democratic one is built to

surpass the rigidities brought to us by words of the
law which if delved deeper should connote that with

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 every wordings of the law-there should be progress.
The rule on double jeopardy is strict.

45. This does not allow for an appeal or a correction of

judgement in most cases. The exception comes only
when the trial court acted with grave abuse of
discretion or when there was a mistrial.

46. Amidst this exception, we are hopeful of your

consideration in granting this prayer. To allow
injustice to occur would definitely be frowned upon
in our courts of justice.

47. We are also reiterating that justice as much as it is

awarded to the accused, should be awarded to the
victims as well.

48. The victims being obedient to the laws of the land

make them well- deserved of grace from the
authorities of the law.

49. To deprive them of such will earn us of the repute

that we are a country that protects criminals rather
than that which appreciate law abiders.

PRAYER

WHEREFORE, premises considered, it is prayed to this

HONORABLE COURT, that judgment be rendered making
Mack Hale D. Beast, liable for the death and rape of Ms. Belle
N. Beauty and for actual, moral, exemplary and nominal
damages for the injury suffered by Tatay N. Beauty. Other
relief just and equitable is likewise prayed for.

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 Antipolo City, April 4, 2019.

ATTY. JEHANA ABUBAKAR-USMAN

Public Prosecutor

EXPLANATION FOR SERVICE BY REGISTERED MAIL

A copy of the instant Position Paper was furnished to the

opposing parties and their counsel through registered mail
due to time and distance constraints and due to lack of
messengerial personnel to effect such personal service.

ATTY. ARON PAULO F. LOBO

Copy Furnished by Personal Service:

Atty. Karyll Mitra

Counsel for the Plaintiffs
916-I URC Building, Blumentritt St.
Sampaloc, Manila

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