The Capiz Regional Trial Court (RTC) sentenced an accused found to be responsible for the death of Wilfredo Ocate of Sitio Boktot, Brgy. Agcagay, Jamindan, Capiz.
RTC-Mambusao, Capiz Branch 21 Judge Daniel Antonio Gerardo S. Amular found accused Arsenio Valzado guilty for homicide and meted him the penalty of indeterminate sentence of imprisonment from ten years and one day of the medium period of prision mayor as minimum to fifteen years, four months and one day of the medium period of reclusion temporal as maximum, together with the accessory penalties.
Court records show that, on April 6, 2010 at around 8:40 in the evening, Wilfredo Ocate, upon hearing that their dog was barking intensely went out of his house. For no apparent reason, accused Valzado shot Ocate, who then shouted, "Why did you shoot me, Arsenio?"
Accused presented the defense of denial and alibi. "Alibi is one of the weakest defenses that can be resorted to by an accused, not only because it is inherently weak and unreliable but also because it is easy to fabricate without much opportunity to check or rebut it," the Decision read.
The Court believes that between denial and affirmative testimony, it has to rule in favor of the prosecution.
"It is well-settled that positive declarations of a prosecution witness prevail over the bare denial of the accused. It cannot be given greater evidentiary evidence over convincing, straight-forward and probable testimony on affirmative matters," the Court explained.
"With respect to the dying declaration of the deceased Wilfredo Ocate, it is presently recognized that while witnesses in general can only testify to facts derived from their own perception, a report in open court of a dying person's declaration is recognized an exception to the rule against hearsay if it is made under the consciousness of an impending death that is the subject of inquiry in the case. It is considered as evidence of the highest order and is entitled to utmost credence since no person aware of his impending death would make a careless and false accusation.”