Thursday, June 19, 2014

Circumstantial evidence - 199871.pdf

See - 199871.pdf





"x x x.



Circumstantial evidence is sufficient for conviction if: (a) there is more than one circumstance; (b) the facts from which the inferences are derived are proven; and (c) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.”16



In this case, it is beyond doubt that all the circumstances taken together point to the singular conclusion that appellant, to the exclusion of all others, committed the crime. As found by the trial court and affirmed by the appellate court, the victim was last seen in the presence of the appellant. Edwin Jr. saw appellant chasing the victim. Nestor also saw appellant dragging the motionless body of “AAA.” The body of the victim was eventually found buried in the mud near the place where she was last seen with the appellant. Appellant admitted holding a grudge against the family of “AAA” because he believes that a relative of “AAA” had raped his [appellant’s] sister. The autopsy report showed that “AAA” was raped and strangled. Likewise, appellant could not ascribe any ill-motive on the part of prosecution witnesses Edwin Jr., Edwin Sr. and Nestor whom he even considered as friends.



x x x."