"The equipoise rule is inapplicable in this case
Arriola maintains that he possessed a valid authority to sell the subject lot, which Candelaria denied. While hearsay, Arriola asserts his position that Candelaria only withheld such authority because they had a subsequent disagreement. There being a conflict between the versions of the prosecution and the defense, Arriola insists that the courts should have favored that of the latter, citing the equipoise rule.59 We differ.
The equipoise rule is inapplicable here. This criminal law principle is explained in brief in Tin v. People,60 a case relied on by Arriola:
Under this rule, where the evidence on an issue of fact is in equipoise or there is doubt on which side the evidence preponderates, the party having the burden of proof loses. The equipoise rule finds application if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, for then the evidence does not fulfill the test of moral certainty, arid does not suffice to produce a conviction. Briefly stated, the needed quantum of proof to convict the accused of the crime charged is found lacking. x x x61
Conviction rests not on the frailty of the defense but on the strength and sufficiency of the evidence of the prosecution. In this case, however, the scales of the evidence had already tilted heavily against the defense. We perceive no conflicting versions, as Arriola technically failed to set forth his own version in the first place. His guilt was finely established with the required quantum of proof, which is proof beyond reasonable doubt.
More importantly, this factual argument by Arriola is too bare and was raised too belatedly to be considered at this point. To recall, Arriola's direct testimony was stricken off the record for his consistent absences at the scheduled dates for his cross-examination. It was not even tendered as excluded evidence. Only on appeal that he advanced this argument. Even if time and procedure permitted it, Arriola, by his own admission, grounded his case solely and purely on hearsay. This is wholly insufficient to counter the already-compelling evidence presented against him by the prosecution."
G.R. No. 199975, February 24, 2020
LUIS T. ARRIOLA, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.
https://lawphil.net/judjuris/juri2020/feb2020/gr_199975_2020.html
