MANILA, Philippines – Taguig's 30-year-old mother and her life partner, acquitted of the murder and destruction of two soldiers for five years after the arrest, because the prosecution failed to provide evidence of their involvement.
Maria Miradel Torres and her partner, Romeo Pasault Jr., were arrested in 2014 for the ambush of two members of Alpha from the 16th Infantry Battalion.
Pfc. Fernando Lopez was killed in ambush while his companion was Pfc. Ronald Bamba was injured.
In the decision of the District Court of First Instance in Taguig District, which consists of 26 pages, the Prosecution did not provide any other evidence to prove that Torres and Pasault were involved in the ambush.
Torres said she was not in Quezon province when she was ambushed because she was then in Laguna and her partner. When she was arrested and gave birth in prison, she was pregnant with another child.
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According to reports, she was arrested on June 20, 2014 in Lucena, but she said that she was then in Mauban, which is far from Lucena.
Torres said she was then with her relatives who recovered from vaginal bleeding.
On the other hand, her father's father testified that Pasoot Jr. celebrated his birthday in Laguna on the day of the ambush in Quezon.
The court said that although the alibi is considered a weak defense, it must decide in favor of the defendant.
Bamba, a survivor, is the sole witness of the prosecutor, who admitted that the names of the defendant came from the "information report" and that Torres recognized the photos he was shown in.
The court also found that Bamba was able to identify Torres only during the bail hearing, simply because he was the only detainee in court at that time.
She added that Bamba could not identify Pasoot when she was asked in the open court.
"Has the prosecution proved the guilt of the accused without reasonable doubt? The court is not convinced, "he read the decision.
"It is often repeated that the finding of guilt must be based on the evidence of the prosecution, rather than on the weakness or even absence of evidence for defense. It is therefore appropriate to take due account of all the circumstances that support the innocence of the accused. "
In this case, the court said that "the evidence of the prosecution failed to pass the demanding test of moral certainty required by law."
The Court ordered the immediate release of Torres and Pasault Jr.
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