30-legal: SC reverses Ecija court's death conviction
Balita News
By Johnny C. Nunez
CABANATUAN CITY, Apr. 26 (PNA) -- The Supreme Court (SC) has
reversed a Nueva Ecija Regional Trial Court (RTC) death conviction of a
tricycle driver here implicated in the robbery-slay of an elderly
businesswoman in 1996.
In a 21-page decision penned by Justice Josue Bellosillo, and
disclosed by the local court here today, the High Court also acquitted
the convict, Joselito del Rosario of the crime.
The Supreme Court decision in effect set aside the earlier decision
of Nueva Ecija RTC Branch 27 Presiding Judge Feliciano Buenaventura, who
has earned for himself the reputation as the "Hanging Judge of Nueva
Ecija."
To date, Judge Buenaventura is known to have already imposed the
death penalty to 21 persons.
Chief Justice Hilario Davide, Jr. and 13 other Justices signed the
decision. It was the first known reversal of a death conviction meted
out by Buenaventura.
Del Rosario was one of the accused in the 1996 robbery-murder of
local businesswoman Virginia Bernas, 66, here. His co-accused included
Ernesto Marquez, Virgilio Santos and one alias Dodong.
Del Rosario has pleaded not guilty to the crime, claiming he was
merely asked by the other accused to drive them to the scene of the
crime. Marquez was killed in a subsequently police encounter, while
Santos and Dodong remained at large.
Records of the case showed that the incident took place in the
evening of May 13, 1996 along Gen. Luna St. here. The victim, Bernas,
was waiting for ride on a roadside when the men seized her bag and shot
her in the head.
The perpetrators took P200,000 worth of cash and jewelry then fled.
Del Rosario was implicated in the case for driving the getaway
tricycle that brought the perpetrators to the scene of the crime. He
said he tried to leave afterwards but was compelled to stay by Santos
who threatened to shoot him if he left.
The incident was witnessed by another tricycle driver, Paul Vincent
Alonzo who testified in court for Del Rosario.
In reversing Buenaventura's decision on the case, the Supreme Court
ruled that del Rosario's claim for exemption from criminal liability
must have been given due consideration.
The High Court noted that Del Rosario was then unarmed and unable to
protect himself when he was prevented at gunpoint by his co-accused from
leaving the crime scene.
Del Rosario, the decision added, merely acted on the basis of the
legal principle "Actus me invito factus non est meus actus (An act done
by me against my will is not my act)."
"The force contemplated must be so formidable as to reduce the actor
(del Rosario) to a mere instrument who acts not only without will but
against his will," the decision pointed out.
"A person under the same circumstances would be more concerned with
his personal welfare and security rather than the safety of a person
whom he only saw for the first time that day." the High Court said.
(PNA) DCT/JCN/mrf
PNA 04261829