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Friday, July 21, 2006
Talk back: Alibi and testimony
By Vicente E. Fernandez II
This is in reaction to the column, “Cop’s alibi, Ted’s excuse,” of Pachico A. Seares (Sun.Star Cebu, July 20, 2006). We are amused by the observation that “alibi is first cousin to excuse and they are mighty poor relatives.”
True, alibi is the weakest defense in every criminal proceeding. But as a lawyer and respected journalist, can you suggest the strongest available defense for one who was not at the scene of the crime but is nonetheless charged of a criminal offense because of sloppy police investigation?
While alibi is a weak defense, it becomes strong when the prosecution’s evidence is weak. As against physical evidence, like fingerprints and DNA findings, testimonial evidence is the weakest of all.
In the first place, the entry of the Criminal Investigation and Detection Group (CIDG) into the investigation of the SPO1 Marcial Ocampo case is suspect.
The family of the deceased Jojo de la Victoria requested the National Bureau of Investigation, a more prestigious prober, to conduct the investigation but the CIDG suddenly surfaced as the lead agency for the purpose.
Until the prosecution rested, CIDG had not come out with an explanation on this matter.
Prosecution witnesses testified that Scene of the Crime Operatives (Soco) earlier conducted an investigation at the crime scene but it’s finding was not made part of the evidence against Ocampo.
The only explanation there is that the Soco finding was probably favorable to the cop.
With respect, however, to the relationship between alibi and excuse, the former shows that no crime was committed while the latter admits the commission of the crime but offers excuses.
They are, therefore, strangers to each other.
Our jurisprudence on evidence gives no credence to testimonial evidence, which is self contradictory or contradictory of each other on essential details.
It is under this rule that the dictator we all know was acquitted in the infamous Nalundasan case by completely discrediting the testimony of the alleged conspirator, Calixto Aguinaldo.
We should pity Ocampo for his misfortune of being charged with murder. It can happen to both you and me when a dirty finger, for any reason, fair or foul, points at us.
The court is the only hope. And there are local courts that prefer to be right than popular, as proven in many cases already.
For Bisaya stories from Cebu. Click here. (July 21, 2006 issue)
Write letter to the editor.Click here.
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