Accused, through counsel, unto this Honorable Court,
most respectfully moves for the reconsideration of the Decision rendered by this Court on April 26, 2017 on the ground that:
THE HONORABLE COURT ERRED IN CONVICTING THE
ACCUSED BASED MERELY ON CIRCUMSTANCIAL EVIDENCE.
STATEMENT OF THE CASE
This is a case for Qualified Theft filed against accused
Ryan Dolores y Bernal. Pre-trial Conference was completed and terminated on November 5, 2014. The prosecution completed their testimony while accused failed to appear, thus, defense counsel was constrained to terminate its presentation and submitted the case for decision.
On April 26, 2017, a Decision convicting the accused was
promulgated. STATEMENT OF THE FACTS
Ryan Dolores is the family driver of private complainants.
Private complainants were not the ones who personally employed the accused as their family driver.
As culled from the prosecution, complainant Enrique put
his Tag Heuer watch and Iphone cellphone near the shift gear of his car then went over the water hose to get it to clean his car. Upon his return, he noticed the accused inside the car, cleaning. Enrique advised Ryan to stop cleaning the car since that day was his day-off. Accused then got out of the car and left. While washing his car, Enrique remembered his watch and phone. When he checked the shift gear, he was surprised to find them missing. He looked for the accused and him in the latter’s room. Accused was not in possession of the missing properties when found by private complainant.
A careful examination of the record shows that the
participation of the accused in the alleged crime was not proven beyond reasonable doubt by direct evidence. The Court deemed the circumstances presented by the prosecution sufficient for convicting the accused relative to the missing watch and cellphone.
ISSUE
Whether or not the court erred in convicting the accused
based merely on circumstantial evidence
ARGUMENT
Yes, the Court erred in convicting the accused based
merely on circumstantial evidence.
No less than our Constitution provides the presumption
that the accused is innocent until proven otherwise by proof beyond reasonable doubt. Such proof requires moral certainty, or that degree of proof which produces conviction in an unprejudiced mind. Additionally, the prosecution must rely on the strength of its evidence, which is not merely circumstantial evidence insufficient to prove guilt.
Under the law, to warrant a conviction of the crime of
qualified theft, the prosecution should have proven the following elements: (1) Taking of personal property; (2) That the said property belongs to another; (3) That the said taking be done with intent to gain; (4) That it be done without the owner’s consent; (5) That it be accomplished without the use of violence or intimidation against persons, nor of force upon things; (6) That it be done with grave abuse of confidence.
It is true that circumstantial evidence, if sufficient, may
be used to convict the accused. Unfortunately for the prosecution, all the elements of the crime were never proven beyond reasonable doubt.
During the hearing of the case, the only thing the
prosecution did was to rely on mere assumptions.
First, the prosecution confirmed that no one
witnessed the actual taking of the watch and the phone. To establish unlawful taking, the court cannot merely rely on the assertion that the accused was present on that day.The court cannot speculate nor surmise on the purpose of his presence. While the prosecution insists that accused's presence on the day of the unlawful act, his presence himself does not indicate such unlawful taking.
Second, accused did not have exclusive access to the
car when the properties went missing. In fact, Joy and Macky, who are employees of private complainants, could enter the car and get the missing phone and watch. This only means that, aside from the accused, any other person may have entered the car and may have taken the alleged missing properties. Indeed, in order to justify the contention that accused took the items in the car, it is necessary to prove the impossibility that no other person has committed the crime. However, given that accused was not the only person who could get into the car, the Court cannot exclude the possibility that some other person may have had committed the alleged unlawful taking against the complainant. The prosecution attempted to prove the taking through circumstantial evidence. However, the circumstantial evidences relied upon by the prosecution merely revealed that on the 2nd day of February 2014, accused reported for work. His presence that day proved neither that he took the properties nor that he abused the confidence reposed on him. His presence never proved the guilt of the accused.
It is also worthy to consider the fact the complainants
were not the ones who personally employed the accused as their family driver. Enrique may have introduced accused for possible employment to his mother, but the former’s participation is limited to such fact.
In conclusion, the first and most basic element of
qualified theft was not established. The prosecution was, therefore, unsuccessful in proving beyond reasonable doubt that the petitioner committed the crime of qualified theft. Thus, it was incorrect for the honorable court to render its decision based merely on the insufficient circumstances presented by the prosecution.
PRAYER
WHEREFORE, premises considered, it is most
respectfully prayed that the decision rendered by the Honorable Court on 27 April 2017 be SET ASIDE, REVERSED, and RECONSIDERED.
Other reliefs and remedies are likewise prayed for as may
be just and equitabe under the premises.
San Juan, La Union, May 2, 2017.
ATTY. FRANELI JESSA C. JARAMILLA
Counsel for the Accused 2nd F, Culbi Bldg., San Juan, La Union PTR No. 123123/ 01-15-17/ La Union IBP No. 123123/ 01-13-17/ La Union Attorney's Roll No. 123123 MCLE Compliance No. 123123 NOTICE OF HEARING
Prosecutor George Ferrer
Public Prosecutor
Atty. Jennifer Kate Cariaso
Clerk of Court RTC Branch 44 San Fernando City, La Union
Greetings!
Please take notice that the foregoing Motion for
Reconsideration shall be submitted for the consideration and approval of the Honorable Court immediately upon receipt hereof.