G.R. No. 115984. February 29, 2000.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUFINO GAMER y MALIT, accused-appellant.

Criminal Procedure; Arrests; By entering a plea without first questioning the legality of his arrest, the
accused is deemed to have waived any objection concerning his arrest.—–Appellant claims, and the
prosecution admits, that he was arrested without a warrant on June 17, 1992. His arrest, however,
cannot be justified under any of the circumstances allowing warrantless arrests under Section 5 of Rule
113 of the Rules on Criminal Procedure. Hence, any evidence

_______________

* SECOND DIVISION.

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People vs. Gamer

obtained in violation of appellant’s rights under Section 2 of Article III of the 1987 Constitution shall be
inadmissible for any purpose and in any proceeding. Granting that by entering a plea without first
questioning the legality of his arrest, appellant is deemed to have waived any objection concerning his
arrest, the sworn statement (Exhibit “C”) taken from appellant is clearly inadmissible for having been
obtained in violation of his constitutional rights under custodial investigation. When appellant was
invited to the CIS office, he was clearly placed under “custodial investigation” for there the questioning
was never a “general inquiry into an unsolved crime” but already focused on appellant as a “particular
suspect” in the Loremas carnapping. At that very instance, appellant should have been afforded his
rights under Section 12 (1) and (2) Article III of the 1987 Constitution. Hence the sworn statement, which
also contains mostly hearsay, should be thrown out for being patently inadmissible in evidence against
him.

Criminal Law; Evidence; Witnesses; Police Line-Ups; Out-ofCourt Identification of Suspects; Totality of
Circumstances Test; Factors to be considered in order to resolve the admissibility of an out-of-court
identification of suspects.—–It may be noted, further, that appellant was convicted by the trial court
upon the identification of appellant made by Corazon Loremas and her sister, Zenaida Nazal, during the
trial. As evidence, the value of the in-court identification, however, is here largely dependent upon an
out-of-court identification made during an alleged police line-up. Both appellant and Siron, consistently
denied that a line-up was conducted by the police, thus directly controverting the testimony of the
prosecution’s witnesses. In People v. Verzosa, the Court enumerated factors to be considered, following
the totality of circumstances test, in order to resolve the admissibility of an out-of-court identification of
suspects, viz.: “. . . (1) the witness’ opportunity to view the criminal at the time of the crime; (2) the
witness’ degree of attention at that time; (3) the accuracy of any prior description given by the witness;
(4) the level of certainty demonstrated by the witness at the identification; (5) the length of time
between the crime and the identification; and (6) the suggestiveness of the identification procedure.”

Same; Same; Same; Same; Same; Same; The totality test has been fashioned precisely to assure fairness
as well as compliance with constitutional requirements of due process in regard to out-of-court
identification.—These factors are pertinent to and applicable in this

662

662

SUPREME COURT REPORTS ANNOTATED

People vs. Gamer

case. The totality test has been fashioned precisely to assure fairness as well as compliance with
constitutional requirements of due process in regard to out-of-court identification. These cited factors
must be considered to prevent the contamination of the integrity of in-court identifications better.

Same; Same; Same; Same; Same; Same; It is not merely any identification which would suffice for
conviction of the accused—–it must be positive identification made by a credible witness or witnesses,
in order to attain the level of acceptability and credibility to sustain moral certainty concerning the
person of the offender.—–In sum, the identification of appellant as one of the assailants could in no way
be considered as positive and credible. Note that it is not merely any identification which would suffice
for conviction of the accused. It must be positive identification made by a credible witness or witnesses,
in order to attain the level of acceptability and credibility to sustain moral certainty concerning the
person of the offender.

Same; Denial and Alibi; The accused’s defense of alibi and denial gains considerable strength in the face
of the unreliable identification of the alleged perpetrator of the crime.—–Thus appellant’s defense of
alibi and denial gains considerable strength in the face of the unreliable identification of the alleged
perpetrator of the crime. Evidence against him is simply quite weak to hold him even for trial. The public
prosecutor should have moved to dismiss the charges, as he did in favor of the co-accused, Teodoro
Siron, Jr.

Same; Same; Words and Phrases; The literal signification of the word “alibi” is “elsewhere” and for alibi
to prosper, the requisites of time and place must be established by clear and convincing evi-dence.—–
The literal signification of the word “alibi” is “elsewhere” and for alibi to prosper, the requisites of time
and place must be established by clear and convincing evidence. Here, appellant and his employer,
Renato Simbillo, testified that as early as 5:00 p.m.; they were preparing to leave for Manila, and at
around 9:00 p.m., they were already somewhere in the vicinity of the Manila area unloading the sand
and gravel. That Mr. Simbillo is a friend and neighbor of the victim persuades us that he has no possible
motive to fabricate his testimony in favor of appellant.

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People vs. Gamer

Same; Presumption of Innocence; Our criminal justice system stresses that the overriding consideration
in a case is not whether the court doubts the innocence of the accused, but whether it entertains
reasonable doubt as to his guilt.—–Our criminal justice system stresses that the overriding consideration
in a case is not whether the court doubts the innocence of the accused, but whether it entertains
reasonable doubt as to his guilt. Where the pieces of evidence against the appellant are insufficient to
determine guilt with moral certainty, the appellant is entitled to an acquittal.

APPEAL from a decision of the Regional Trial Court of Angeles City, Br. 57.

The facts are stated in the opinion of the Court.

     The Solicitor General for plaintiff-appellee.

     Rodolfo D. Deuda for accused-appellant.

QUISUMBING, J.:

On appeal is the decision dated April 8, 1994, of the Regional Trial Court of Angeles City, Branch 57,1
convicting appellant of the crime of carnapping, imposing upon him the penalty of life imprisonment,
and ordering him to pay private complainant the amount of P50,000.00 as indemnity, P14,000.00 as
funeral expenses, P45,000.00 as cost of the burial lot and P40,000.00 for the value of the properties
stolen.

The facts, based on the records, are as follows:

On September 25, 1989, at around 8:30 p.m., at the Villa Emilia Subdivision, Paralaya, Porac, Pampanga,
Antonio Loremas and his wife, Corazon Nazal Loremas, were on their way home on board their owner-
type stainless jeep. When the jeep slowed down to pass a hump, two (2) men went to each side of the
jeep and announced a hold-up. Antonio stepped on the gas but one of the men shot him at the back.
The jeep swerved to a stop. The two persons took away the spouses’

_________________

1 Judge Mariano C. Del Castillo, presiding.

664

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SUPREME COURT REPORTS ANNOTATED

People vs. Gamer

money, clothing, assorted jewelries, imported and local cigarettes, car stereo and equalizer and tools,
and drove off with the jeep in the direction of Angeles City. After the assailants fled, Corazon, with the
help of passers-by, brought Antonio to the Angeles City Medical Center for medical treatment.
Unfortunately, Antonio died that same night from the gunshot wound. The jeep was found abandoned
the following day.2

Both Porac Police and Angeles City Police conducted investigations of the carnapping incident without
any progress. Corazon then sought the help of Sr. Inspector Carlos L. Flores, Jr., Chief of the Criminal
Investigation Service (CIS), Angeles City. Acting on Corazon’s complaint, the CIS conducted intelligence
gathering operations.

Some time in June 1992, Captain Flores ordered three CIS agents, namely, Galvez, Besana and Ganal, to
“invite” appellant for questioning at the CIS Field Office in Diamond Subdivision, Balibago, Angeles City.3
On June 17, 1992, at around 2:00 p.m., the CIS agents “picked up” appellant and his five year-old son
while they were in front of a stall buying something.4 Appellant and his son were made to board a car
and then brought to CIS Field Office.5 Appellant was investigated by the CIS until around 7:00 p.m.6 At
the same time, one Teodoro Siron, Jr., was also invited by the CIS Agents for questioning.7 Thereafter,
appellant and Siron, were placed in a police line-up where Corazon identified appellant as one of the
carnappers.8 That same afternoon, Corazon executed her sworn statement (Exhibit “B”) before the CIS
agents. Appellant was made to sign a sworn statement (Exhibit “C”) identi-

________________

2 TSN, January 5, 1993, pp. 4-8, 20, 26; TSN, January 19, 1993, pp. 36-37; TSN, January 26, 1993, pp. 6,
10, 18-20.

3 TSN, July 5, 1993, pp. 12, 28-31.

4 TSN, June 7, 1993, pp. 14-18.

5 TSN, August 16, 1993, p. 12.

6 TSN, May 11, 1993, p. 17.

7 I d. at 18-19.

8 TSN, July 5, 1993, pp. 13-17.

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People vs. Gamer

fying his drinking companions who allegedly took part in the carnapping. Siron did not execute any
sworn statement.

The following day, appellant was brought before a public prosecutor for inquest. Thereafter, the public
prosecutor issued a Resolution9 finding a prima facie case against five (5) persons, three (3) of whom
were at-large. The other two (2), appellant and Siron, were charged with carnapping with robbery and
homicide under the following Information:10

“That on or about the 25th day of September, 1989, at about 8:45 o’clock in the evening at Villa Emilia
Subdivision, barangay Manibaug, municipality of Porac, province of Pampanga, Philippines, and within
the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating
together and mutually helping one another, with the use of a .45 caliber gun, with intent of gain and by
means of violence and intimidation on the person of the Spouses Antonio Loremas and Corazon Nazal,
and without their consent, did then and there willfully, unlawfully and feloniously take, steal and carry
away one (1) owner type-jeep bearing Plate No. CAV 218 and on the occasion thereof, shot and kill with
a .45 caliber gun Antonio Loremas, the driver of the carnapped motor vehicle and carry away with them
cash money in Philippine and U.S. currencies, assorted jewelries, clothings, imported and local
cigarettes, stereo cassette, equalizer and tools with a total value of Forty Thousand Pesos (P40,000.00)
belonging to said Spouses Antonio Loremas and Corazon Nazal, to the damage and prejudice of the said
owner in the said sum of P40,000.00.

All contrary to law, and with the aggravating circumstances that the said offense was committed at
nighttime, evident premeditation, treachery and with the use of superior strength to facilitate the
commission of the crime.”

Appellant and Siron filed separate Motions for Reinvestigation11 with the trial court which granted12
said Motions. As a result of the reinvestigation, the public prosecutor filed a

_______________

9 Records, pp. 4-5.

10 Id. at 2-3.

11 Records, pp. 10-13.

12 Id. at 15.

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SUPREME COURT REPORTS ANNOTATED

People vs. Gamer

Motion to Dismiss13 as to accused Siron on the ground of insufficiency of evidence. The trial court
granted14 said motion. Hence, only appellant was tried for the crime of carnapping.

Upon arraignment on January 5, 1993, appellant, assisted by counsel de parte, entered a plea of not
guilty.15 Trial ensued.

Private complainant Corazon Loremas, the widow of the victim, identified appellant as the one who
boarded her side of the jeep, and pointed a gun at her.16 Zenaida Nazal, private complainant’s sister,
likewise testified that she witnessed the crime from a distance of twenty (20) meters and saw appellant
take part in the carnapping.17 Sr. Inspector Carlos L. Flores, Jr., Chief of the 304th CIS in Balibago,
Angeles City, testified that after intelligence gathering, he ordered his men to “invite” appellant for
questioning at the CIS office.18 SPO4 Reynaldo T. Galang took down the statements of the appel-lant
and the private complainant.19 SPO3 Ireneo C. Galvez testified that he was one of the operatives who
extended the “invitation” to appellant.20

For the defense, appellant vehemently denied any participation in the offense charged. Appellant
contends that on September 25, 1989, at around 6:00 p.m., he was driving a truck loaded with sand and
gravel to Manila accompanied by two helpers and his employer, Renato Simbillo, and that they returned
to Pampanga at around 4:00 a.m. of the following day.21 He further recounted that on July 17, 1992, he
and his son were picked up by the CIS agents, forcibly boarded on a car, and brought to the CIS Field
Office. There he was

________________

13 Id. at 17.

14 Id. at 24.

15 TSN, January 5, 1993, p. 23; Records, p. 34.

16 TSN, January 5, 1993, pp. 5-6; TSN, January 19, 1993, p. 29.

17 TSN, January 26, 1993, pp. 7-8.

18 TSN, July 5, 1993, p. 12.

19 TSN, April 13, 1993, pp. 8-9, 18-19.

20 TSN, June 7, 1993, p. 16.

21 TSN, August 16, 1993, p. 28; TSN, August 23, 1993, pp. 6-8.

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People vs. Gamer

stripped naked, and handcuffed. His legs were tied, his mouth was stuffed with a wet rug, water was
poured on his nose and hot liquid poured on his genitals.22 Finally, he was coerced into signing a sworn
statement23 wherein he named the persons who allegedly took part in the carnapping.24 Appellant
denied being placed in a police line-up.

Mr. Simbillo testified that on September 25, 1989, as early as 5:00 p.m., he was with appellant and two
helpers preparing to deliver sand and gravel in Manila. They left Pampanga at around 6:00 p.m. and
returned at around 5:00 a.m. the following day. He remembered the exact date because he heard a
radio report about the Loremas carnapping on their way back to Pampanga.25 Mr. Simbillo also testified
that on June 17, 1992, appellant failed to report for work, and he later learned that appellant was picked
up by the CIS and was detained at the Provincial Jail.26

Teodoro Siron, Jr., testified that on June 17, 1992, he was also picked up by CIS agents and brought to
the CIS Office for questioning. He saw appellant in the CIS Office “handcuffed and both feet padlocked,
naked and blindfolded.” Siron and appellant were made to confront each other for about five (5)
minutes. They were puzzled as to why they were allegedly implicating each other in the carnapping
incident. Siron also denied that he was placed in a police line-up with appellant.27

On April 8, 1994, the trial court rendered a decision28 finding appellant guilty as charged. The
dispositive portion of the decision provides:

__________________

22 TSN, August 16, 1993, pp. 13-15; TSN, September 27, 1993, p. 31.

23 TSN, August 16, 1993, pp. 10-18, 21-22.

24 Exhibit “C”; Exhibit “C-4.”

25 TSN, September 28, 1993, pp. 9-10, 18, 29-30, 43-46.

26 Id. at 22-23.

27 TSN, October 18, 1993, pp. 11-16, 24, 29.

28 Records, pp. 110-119.

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SUPREME COURT REPORTS ANNOTATED

People vs. Gamer

“WHEREFORE, premises considered, judgment is hereby rendered finding accused RUFINO GAMER
GUILTY beyond reasonable doubt of the crime of Violation of Anti-Carnapping Act of 1972 as defined
and penalized under RA. 6539 and hereby accordingly sentences him to Life Imprisonment and to
indemnify complainant Corazon Loremas the amount of P50,000.00 as life indemnity; the amount of
P14,000.00 as cost of funeral expenses, P45,000.00 as cost of the burial lot and the amount of
P40,000.00 for the value of the properties stolen.

With regard the other accused who are still unknown and have not properly been identified much less
apprehended, send this case to the archives to be revived upon the apprehension of said accused.

SO ORDERED.”

Hence, appellant now presents the following issues for resolution:29

I. WHETHER THE TRIAL COURT DEPRIVED ACCUSED RUFINO M. GAMER OF HIS SUBSTANTIAL RIGHT TO
DUE PROCESS BY ADMITTING THE EVIDENCE OF THE PROSECUTION THAT POINT TO THE IDENTITY OF
THE SAID ACCUSED IN AN ALLEGED POLICE LINE-UP WITHOUT BEING AFFORDED HIS VITAL RIGHTS AND
GUARANTEES AS PROVIDED FOR IN OUR CONSTITUTION.

II. WHETHER THE TRIAL COURT IN RENDERING HIS JUDGMENT OF CONVICTION HAS FAILED TO
OVERLOOK OR CONSIDERED CERTAIN ASPECT OF EVIDENCE BY THE ACCUSED THAT COULD HAVE
SUBSTANTIALLY AFFECTED OR CHANGED THE CONCLUSION RENDERED IN THIS INSTANT CASE.

III. WHETHER THE TRIAL COURT ACTED IN GRAVE ABUSE OF DISCRETION WHEN IN THE PREPARATION
AND PRESENTATION OF FACTS IN THE DECISION, IT FOCUSED ONLY IN JUSTIFYING THE PROSECUTION
EVIDENCE BUT DISREGARDING SOME SIGNIFICANT FACTS THAT MAY BE IMPORTANT TO THE ACCUSED’S
CHANCE OF ACQUITTAL.

________________

29 Appellant’s Brief, Rollo, pp. 44-67; Reply Brief, Rollo, pp. 121-125.

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People vs. Gamer

In his brief, appellant decries the flagrant violation of his constitutional right against unreasonable
seizures and his rights under custodial investigation. Appellant questions his identification by private
complainant considering that no police line-up was conducted. Appellant also questions the credibility
of Corazon’s sister considering that she only surfaced during trial. Appellant further contends that the
trial court erred in disregarding appellant’s testimony of his ordeal in the hands of the CIS agents.

The Office of the Solicitor General, for the State, argues that as held by the trial court, the positive
identification of the appellant by the prosecution witnesses must prevail over the appellant’s defense of
alibi and denial. The OSG recommends affirmance of the conviction and sentence imposed upon the
appellant.
The substantial issue here, in our view, involves the admissibility as well as sufficiency of the evidence to
convict appellant.

Appellant claims, and the prosecution admits, that he was arrested without a warrant on June 17, 1992.
His arrest, however, cannot be justified under any of the circumstances allowing warrantless arrests
under Section 5 of Rule 113 of the Rules on Criminal Procedure.30 Hence, any evidence ob-

________________

30 Section 5 of Rule 113 provides:

“Sec. 5. Arrest without warrant; when lawful.—–A peace officer or a private person may, without a
warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating
that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case

670

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SUPREME COURT REPORTS ANNOTATED

People vs. Gamer

tained in violation of appellant’s rights under Section 2 of Article III of the 1987 Constitution.31 shall be
inadmissible for any purpose and in any proceeding.32 Granting that by entering a plea without first
questioning the legality of his arrest, appellant is deemed to have waived any objection concerning his
arrest,33 the sworn statement (Exhibit “C”) taken from appellant is clearly inadmissible for having been
obtained in violation of his constitutional rights under custodial investigation. When appellant was
invited to the CIS office, he was clearly placed under “custodial investigation” for there the questioning
was never a “general inquiry into an unsolved crime” but already focused on appellant as a “particular
suspect” in the Loremas carnapping.34 At that very instance, appellant should have been afforded his
rights under Section 12 (1) and (2) Article III of the 1987 Constitution.35 Hence the

__________________

is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance
with Rule 112, Section 7.”

31 Section 2 of Article III of the 1987 constitution provides:

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant
or warrant of arrest shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.

32 Under Section 3 (2) of Article III of the 1987 Constitution.

33 People v. Tidula, 292 SCRA 596, 611 (1998); People v. Salvatierra, 276 SCRA 55, 63-64 (1997).

34 People v. Marra, 236 SCRA 565, 573 (1994).

35 Article III, Section 12 of the 1987 Constitution provides: Sec. 12 (1) Any person under investigation for
the commission of an offense shall have the right to be informed of his right to remain silent and to have
competent and inde-

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People vs. Gamer

sworn statement, which also contains mostly hearsay, should be thrown out for being patently
inadmissible in evidence against him.

It may be noted, further, that appellant was convicted by the trial court upon the identification of
appellant made by Corazon Loremas and her sister, Zenaida Nazal, during the trial. As evidence, the
value of the in-court identification, however, is here largely dependent upon an out-of-court
identification made during an alleged police line-up. Both appellant and Siron, consistently denied that a
line-up was conducted by the police, thus directly controverting the testimony of the prosecution’s
witnesses.

In People v. Verzosa,36 the Court enumerated factors to be considered, following the totality of
circumstances test, in order to resolve the admissibility of an out-of-court identification of suspects,
viz. :

“. . . (1) the witness’ opportunity to view the criminal at the time of the crime; (2) the witness’ degree of
attention at that time; (3) the accuracy of any prior description given by the witness; (4) the level of
certainty demonstrated by the witness at the identification; the length of time between the crime and
the identification; and the suggestiveness of the identification procedure.”
_______________

pendent counsel preferably of his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.

(3) Any confession or admission obtained in violation of this or section 17 hereof shall be inadmissible in
evidence against him.

x x x”

36 294 SCRA 466, 476 (1998), citing People v. Teehankee, 249 SCRA 54, 95 (1995), Neil v. Biggers, 409
U.S. 188 (1973).

672

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SUPREME COURT REPORTS ANNOTATED

People vs. Gamer

These factors are pertinent to and applicable in this case. The totality test has been fashioned precisely
to assure fairness as well as compliance with constitutional requirements of due process in regard to
out-of-court identification. These cited factors must be considered to prevent the contamination of the
integrity of in-court identifications better. In this case, the carnapping happened at 8:30 p.m., and the
evidence does not disclose whether the locus criminis was sufficiently lighted for purposes of
identification. In fact, while Corazon testified that the jeep was not lighted at the time of the incident,”
her sister claimed that the jeep was in fact lighted, which enabled her to recognize appellant herein as
one of the carnappers.38 Although Corazon reported the incident to the Porac Police the following day,
she did not furnish said policemen a description of the perpetrators of the crime.39 Hence, the
authenticity as well as accuracy of the present and future descriptions of the suspected assailants has
been placed in doubt for lack of basis. Furthermore, the crime occurred some two (2) years and (8)
months prior to the arrest of appellant. Because of this lapse of time, certain physical changes might
have occurred in his physical appearance and other attributes already. Corazon also claimed that she
viewed the police line-up through a jalousie window40 while Capt. Flores testified that the persons in
the police line-up were in full view of Corazon.41 This and other contradictions in the testimony of
prosecution witnesses weaken the reliability of the out-of-court identification of appellant. We are now
constrained to agree that the in-court identification of the appellant made by private complainant and
her sister could have been tainted by the out-of-court (police line-up) procedure, even if we grant,
arguendo, that such line-up did take place.
__________________

37 TSN, January 19, 1993, p. 28.

38 TSN, January 26, 1993, p. 6; February 23, 1993, p. 4.

39 Porac Police Report dated September 26, 1989, Exhibit “2,” “2-A.”

40 TSN, January 19, 1993, pp. 18-19.

41 TSN, July 5, 1993, p. 15.

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People vs. Gamer

In addition, the trial court overlooked certain material inconsistencies in the testimony of the
prosecution witnesses. Corazon wavered in identifying who actually shot her husband. Initially, she said
it was the person near her husband who shot him.42 Later on she said that she did not see who actually
shot her husband43 and that she merely heard the gun shot.44 According to Corazon, there were only
two (2) carnappers,45 while her sister testified that there were about five (5) men, including appellant
herein, who boarded the jeep.46

In sum, the identification of appellant as one of the assailants could in no way be considered as positive
and credible. Note that it is not merely any identification which would suffice for conviction of the
accused. It must be positive identification made by a credible witness or witnesses, in order to attain the
level of acceptability and credibility to sustain moral certainty concerning the person of the offender.

Thus appellant’s defense of alibi and denial gains considerable strength in the face of the unreliable
identification of the alleged perpetrator of the crime.47 Evidence against him is simply quite weak to
hold him even for trial. The public prosecutor should have moved to dismiss the charges, as he did in
favor of the co-accused, Teodoro Siron, Jr. The literal signification of the word “alibi” is “elsewhere”48
and for alibi to prosper, the requisites of time and place49 must be established by clear and convincing
evidence.50 Here, appellant and his

_________________

42 TSN, January 5, 1993, p. 7.

43 TSN, January 5, 1993, p. 22; TSN, January 19, 1993, p. 30.

44 TSN, January 5, 1993, p. 20.

45 Id. at 6, 20.

46 TSN, January 26, 1993, p. 12.

47 People v. Niño, 290 SCRA 155, 162 (1998).

48 29 Am Jur 2d § 586.

49 People v. Mante, G.R. No. 129694, August 18, 1999, p. 12, 312 SCRA 673.

50 People v. Iligan, G.R. No. 128286, July 20, 1999, pp. 29-30, 310 SCRA 743; People v. Cabanela, 299
SCRA 153, 162 (1998); People v. Banguis, 291 SCRA 279, 289 (1998).

674

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SUPREME COURT REPORTS ANNOTATED

People vs. Gamer

employer, Renato Simbillo, testified that as early as 5:00 p.m.; they were preparing to leave for Manila,
and at around 9:00 p.m., they were already somewhere in the vicinity of the Manila area unloading the
sand and gravel.51 That Mr. Simbillo is a friend and neighbor of the victim52 persuades us that he has
no possible motive to fabricate his testimony in favor of appellant.

Our criminal justice system stresses that the overriding consideration in a case is not whether the court
doubts the innocence of the accused, but whether it entertains reasonable doubt as to his guilt.53
Where the pieces of evidence against the appellant are insufficient to determine guilt with moral
certainty, the appellant is entitled to an acquittal.54

WHEREFORE, the assailed decision of the trial court is REVERSED and SET ASIDE. The appellant is hereby
ACQUITTED for insufficiency of evidence and ordered released from confinement immediately unless he
is held for any other lawful cause. No costs.

SO ORDERED.

     Bellosillo (Chairman), Mendoza, Buena and De Leon, Jr., JJ., concur.

Judgment reversed and set aside, accused-appellant acquitted.

Notes.—–People v. Lamsing, 248 SCRA 471 (1995), overturned the holding in People v. Macam, 238
SCRA 406 (1994) that any identification of an uncounselled accused made in a police line-up at the start
of the custodial investigation is inadmissible in evidence. (People vs. Salvatierra, 276 SCRA 55 [1997])

_________________

51 TSN, September 28, 1993, pp. 9-10.

52 Id. at 31.
53 People v. Vasquez, 280 SCRA 160, 164 (1997).

54 People v. Muleta, G.R. No. 130189, June 25, 1999, p. 2, 309 SCRA. 148.

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People vs. Loriega

There is no law requiring a police line-up as a condition sine qua non for a proper identification of an
accused. (People vs. Magdamit, 279 SCRA 423 [1997]) People vs. Gamer, 326 SCRA 660, G.R. No. 115984
February 29, 2000