In Gerardo Biong v. People of the Philippines, the Supreme Court acquitted Gerardo Biong of attempted murder, highlighting the critical importance of witness credibility and the burden of proof in criminal cases. The Court emphasized that for evidence to be deemed credible, it must not only come from a credible source but also align with common knowledge and experience. This ruling underscores the judiciary’s role in scrutinizing testimonies to ensure that convictions are based on solid, believable evidence, thereby protecting the constitutional presumption of innocence.

Balut, Bayonets, and Bilibid: Can Testimony Alone Convict?

The case revolves around an alleged attempted murder by Gerardo Biong against Danilo Cayubit. Cayubit, a convicted felon, claimed Biong abducted and attempted to kill him in 1991. This accusation arose years after the alleged incident, with Cayubit’s testimony serving as the primary evidence against Biong. The central legal question is whether Cayubit’s testimony was sufficiently credible to overcome the constitutional presumption of innocence, considering inconsistencies and delays in reporting the crime. The Supreme Court ultimately found the testimony lacked credibility, leading to Biong’s acquittal.

The prosecution’s case heavily relied on Cayubit’s testimony. He described a harrowing ordeal involving abduction, attempted shooting, and implication in the infamous Vizconde massacre. According to Cayubit, Biong, along with accomplices, abducted him and took him to a house where he was instructed to hold a blood-stained bayonet next to dead bodies. He claimed that Biong attempted to shoot him but was stopped by others. Cayubit’s account formed the basis for the attempted murder charge against Biong.

Biong, on the other hand, presented an alibi, stating that he was on duty as a police officer at the time of the alleged incident and was investigating the Vizconde massacre. His defense was supported by a fellow officer who testified to Biong’s presence at the crime scene. The defense argued that Cayubit’s testimony was inconsistent, delayed, and lacked credibility, particularly given Cayubit’s criminal background and the significant time lapse before reporting the alleged crime.

The Supreme Court, in its analysis, emphasized the importance of witness credibility, stating that evidence must not only come from a credible source but also be credible in itself. The Court scrutinized Cayubit’s testimony, pointing out several inconsistencies and improbabilities. For instance, Cayubit claimed that Biong attempted to shoot him at the Coastal Road, an event not mentioned in his initial sworn statement. The Court also questioned why Cayubit, who claimed that two other men were his allies, did not attempt to escape when Biong was distracted.

The Court further noted that Cayubit’s account of fleeing naked from the Vizconde residence was highly improbable.

“Why would Biong, while inside the jeep, ask Cayubit to strip off his clothes and underwear (to lend credence to the theory that he committed rape?) when a person in such unclothed state inside an open jeep would certainly catch attention? Could not Biong have waited until they reached the Vizconde residence as after all what seemed to be the plan was to make it appear that he was the killer-rapist or one of the malefactors in the Vizconde massacre who was caught in flagrante, hence, killed on the spot? And that renders incredible too the alleged attempt of Biong to kill Cayubit at the Coastal Road.”

This highlighted the implausibility of the sequence of events as narrated by Cayubit.

The Court also questioned Cayubit’s delay of more than four years in reporting the alleged murder attempt. Cayubit explained that he feared being caught due to his involvement in the homicide case. However, the Court found this explanation unsatisfactory, especially considering that Cayubit had access to a lawyer after his arrest but still delayed reporting the incident against Biong.

“Under our laws, the onus probandi in establishing the guilt of an accused for a criminal offense lies with the prosecution. The burden must be discharged by it on the stength of its own evidence and not on the weakness of the evidence of the defense of lack of it. Proof beyond reasonable doubt, or that quantum of proof sufficient to produce a moral certainty that would convince and satisfy the conscience of those who are to act in judgment, is indispensable to overcome the constitutional presumption of innocence.”

This statement underscores the prosecution’s responsibility to provide solid, convincing evidence.

The Supreme Court contrasted the lower courts’ reliance on the doctrine that affirmative testimony is stronger than negative testimony. The Court emphasized that the prosecution must prove the accused’s guilt beyond a reasonable doubt based on the strength of its own evidence, not the weakness of the defense. The Court stated, “The prosecution failed, however, to discharge the onus of proving beyond reasonable doubt the guilt of Biong. The weakness of Biong’s device, vis-a-vis the incredible, unreliable evidence for the prosecution, thus assumes importance and acquires commensurate strength.” This highlights the principle that a weak defense does not validate an otherwise flawed prosecution case.

FAQs

What was the key issue in this case?	The key issue was whether the testimony of the prosecution’s witness, Danilo Cayubit, was credible enough to prove Gerardo Biong’s guilt beyond a reasonable doubt for attempted murder. The Supreme Court ultimately found the testimony lacked credibility due to inconsistencies and delays.
Why did the Supreme Court acquit Gerardo Biong?	The Supreme Court acquitted Biong because it found Cayubit’s testimony inconsistent, improbable, and lacking in credibility. The Court emphasized that the prosecution failed to prove Biong’s guilt beyond a reasonable doubt.
What did Danilo Cayubit claim happened?	Cayubit claimed that Biong abducted him, attempted to shoot him, and tried to frame him for the Vizconde massacre. He alleged that Biong took him to a house where he was instructed to hold a blood-stained bayonet next to dead bodies.
What was Gerardo Biong’s defense?	Biong claimed he was on duty as a police officer investigating the Vizconde massacre at the time of the alleged incident. He denied Cayubit’s accusations, presenting an alibi supported by a fellow officer’s testimony.
What makes a witness credible according to this ruling?	According to this ruling, a credible witness must provide testimony that is not only from a reliable source but also consistent with common knowledge, observation, and experience. Inconsistencies and delays in reporting can significantly undermine credibility.
What is the burden of proof in criminal cases in the Philippines?	In Philippine criminal law, the prosecution bears the burden of proving the accused’s guilt beyond a reasonable doubt. This means the evidence must be so convincing that it creates a moral certainty in the conscience of the court.
Why was the delay in reporting the crime significant in this case?	The delay of over four years in reporting the alleged murder attempt raised serious doubts about the truthfulness of Cayubit’s accusations. The Court found his explanations for the delay unconvincing.
What is the significance of the Vizconde massacre in this case?	The Vizconde massacre is relevant as it forms the backdrop against which Cayubit claimed Biong attempted to frame him. The alleged attempt to implicate Cayubit in the massacre was part of his motive for testifying against Biong.

The acquittal of Gerardo Biong underscores the judiciary’s commitment to upholding the constitutional presumption of innocence and ensuring that convictions are based on credible and reliable evidence. This case serves as a reminder of the critical role of witness credibility in criminal proceedings and the prosecution’s responsibility to prove guilt beyond a reasonable doubt.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: GERARDO BIONG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT., G.R. NO. 142262, August 29, 2006