Saturday, February 20, 2016

THE PRESUMPTION OF INNOCENCE OF THE RESPONDENT HAS NOT BEEN OVERTURNED.





1.    The EQUIPOISE RULE provides that when there is equilibrium in the evidence presented by both sides, the CONSTITUTIONAL PRESUMPTIOM OF INNOCENCE should tilt the balance of the scale in favor of the acquittal of the accused, for, in such a situation, the offense has not been proven beyond reasonable doubt, which is the quantum of evidence required to convict an accused.

2.    Suspicion alone is insufficient, the required quantum of evidence being proof beyond reasonable doubt. [People v. Gargar, 300 SCRA 542 (1998). [See also: En Banc, Justice Mendoza, THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FIDEL ABRENICA CUBCUBIN, JR., accused-appellant, G.R. No. 136267.  July 10, 2001].


3.    All Trial Courts and the various Offices of the Prosecutors under the Department of Justice should be guided by the principle that it would be better to set free ten men who might be probably guilty of the crime charged than to convict one innocent man for a crime he did not commit. [En Banc, Melo, People v. Tagudar [G.R. No. 130588. June 8, 2000].