Convicted murderer freed with CA decision
TAYUG–A man who was convicted for the slaying of a Japanese national here sometime in 2009 and sentenced to reclusion perpetua is now a free man after the 11th division of the Court of Appeals reversed the decision of the Regional Trial Court (RTC) of Tayug dated May 30, 2012.
Ordered to be released from the New Bilibid prison in Muntinlupa was Eleorie Arzadon Saldivar, a resident here, who was convicted for the slaying of Koji Suzuki, a Japanese national married to a Filipina, Lily Ylarde Suzuki, who was also stabbed and wounded in the incident.
In reversing the decision of the RTC, the appellate court stated: “In fine, there is no evidence beyond reasonable doubt that the accused appellant independently committed the crime as charged. And no such evidence was established beyond reasonable doubt that the accused performed an overt act in the furtherance of a conspiracy.”
The CA decision, penned by Justice Vicente SA Veloso as chairperson and concurred by Justices Jane Aurora Lanchion and Nina Antonio Valenzuela, maintained that the prosecution failed to satisfy the required quantum of evidence for the conviction on the basis of conspiracy.
“No evidence was presented that the accused and the unidentified gunman shared a common design and unity of purpose in killing the decease, in causing serious injury to Lily and in taking the latter’s belongings,” the decision reads in part.
Suzuki was shot in the head and died on the spot while Lily survived and served as witness in the crime that took place at 3:00 p.m. of Nov. 10, 2009 in Barangay Barangobong, Tayug.
Saldivar was sentenced by RTC Judge Ulysses Raciles Butuyan of Branch 51 for murder, frustrated murder and theft, along with a certain John Doe on May 30, 2012.
The CA added: “Finally, lest we be misunderstood, this Court is not saying that actually, accused appellant did not commit the crime. What it simply opines is that if at all, the prosecution failed to establish his guilt on all charges beyond reasonable doubt”.
While in prison, Saldivar, through his lawyer, appealed his case before the Court of Appeals.–LVM
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