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PEOPLE vs Fernando Monjey Rosario, et al

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO (FERDINAND) MONJEY ROSARIO @ Fernan, LORDINO (BERNARD) MAGLAYA Y ALVAREZ @ Odeng (acquitted), CHRISTOPHER BAUTISTA Y ROSARIO @ Totde (acquitted), and MICHAEL CASTRO Y OSIAS @ Iking (acquitted), accused. / FERNANDO (FERDINAND) MONJE y ROSARIO @ Fernan, accused-appellant.

G.R. No. 146689 | 2002-09-27

D E C I S I O N

BELLOSILLO, J.:

To administer by final judgment the dreaded lethal injection on the basis of cumulus circumstantial evidence - consisting mainly of the testimony of a witness who failed and refused to return to court and submit to cross-examination four (4) times - is judicial tyranny of the highest order, which this Court should never commit. In conscience and in absolute fidelity to our trust, we cannot agree to what would amount to a blatant misuse of the strong arm of the law, in complete disregard of the constitutional guaranties of the accused. Where the life of a human being - who is presumed to be innocent - is at...