G.R. No. 130189 June 25, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
DOMINGO R. MULETA, accused-appellant.
https://lawphil.net/judjuris/juri1999/jun1999/gr_130189_1999.html
"Sufficiency of Evidence for the Prosecution
Having ruled the alleged confession as unconstitutional and inadmissible, we now determine whether the other pieces of evidence — all circumstantial in nature — would be sufficient to overturn yet another constitutional right: to be presumed innocent unless otherwise proven.
The rule is that ". . . in the absence of direct-proof, conviction may be based on circumstantial evidence, but to warrant such conviction, the following requisites must concur: (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; and (3) the combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt. 41
Here, the solicitor general, as well as the trial court, posits that the conviction of the appellant was sufficiently warranted by the aggregate of the following circumstantial evidence:
1. The appellant was familiar with the place where the crime was perpetrated.
2. The appellant left work around 9:30 on the evening of April 29, 1993 and did not return home until the morning of April 30, 1993.
3. The appellant, during the victim's wake, became hysterical and allegedly uttered: "Patawarin mo ako Charo, ikaw kasi lumaban pa, nakakahiya ako, mabuti pang mamatay na," after which drank "chlorox."
We do not agree. At the outset, we stress that a careful review of the records of this case reveals that these pieces of circumstantial evidence were controverted by the defense and, even more important, they were not sufficiently established. 42
Despite the efforts of the fiscal during cross-examination, 43 the appellant consistently denied that he worked in the place where the victim's body was found. Also, the prosecution failed to prove that he was at work around 9:30 p.m. on April 29, 1993 and that he went home on April 30, 1993. 44 All it could present was the testimony of NBI Agent Ely Tolentino, who merely testified on what appellant's co-workers related to him: that appellant left work earlier. 45 This is clearly hearsay. The affidavits of these co-workers do not help the prosecution's case, since they themselves were not presented during the trial. An affidavit is hearsay if the affiant is not presented in court and subjected to cross-examination. 46 Besides, the appellant's wife, Emelinda Muleta, stated categorically that her husband was with her at home on April 29 and 30, 1993. 47 The appellant himself steadfastly affirmed this during his cross-examination. 48
The appellant's rather strange behavior during the wake was, according to his testimony, due to his perceived failure to take care of his niece. 49 This was corroborated by the testimony of Danilo Delgado. 50 Moreover, the defense claims that the words he said during the wake were ambiguous. "Patawarin mo ako Charito" could have meant that the appellant was blaming himself for being unable to protect the victim. "Ikaw kasi lumaban pa" could have connoted frustration with what he imagined could have saved the life of his niece. "Nakakahiya ako, mabuting mamatay na" also shows the appellant's for blaming himself inutile, indicating his desire to take his own worthless life. If these words merit anything, it is this: it places the appellant under suspicion. But suspicion or accusation is not synonymous with guilt. 51
Most importantly, even if we were to assume that all the foregoing were proven, they are still not enough to establish an unbroken chain leading inexorably to the guilt of the appellant. That the appellant could have been familiar with the place where the body was found did not legally prove anything. That he left work at 9:30 p.m. on April 29, 1993 did not necessarily mean he was at the scene of the crime. So many other possible conclusions could be made regarding this circumstance. As for his statements during the wake, they are ambiguous.
We have said that "[i]n the absence of an eyewitness, the guilt of an accused may be established by circumstantial evidence. Such evidence, however, must still pass the test of moral certainty. When inadequate and uncorroborated, circumstantial evidence cannot sustain a conviction. Specifically, where the state's evidence does not constitute an unbroken chain leading beyond reasonable doubt to the guilt of the accused, the constitutional presumption of innocence prevails and the accused is entitled to an acquittal." 52 Thus, in People v. Bato, 53 the pieces of circumstantial evidence presented there — those showing that the accused brothers invited the victim (and his son) for a drink, suddenly tied his hands and took him away; after which his body was recovered from the river the next day — were ruled to be inadequate to sustain a conviction based on guilt beyond reasonable doubt. 54
In this case, the circumstantial evidence presented acquires significance only when taken together with the appellant's confession.
The pattern of the tapestry, 55 which the prosecution would want us to see, is bound by only a single thread — the confession of the appellant. Due to constitutional infirmity, that one strand has been cut, and thus the pattern disintegrates. The tapestry becomes an unreadable puzzle."
