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People vs. Masalihit [SEPARATE OPINION, DISSENTING, VITUG, J.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CESAR MASALIHIT y MONDIDO, accused-appellant.

G.R. No. 124329 | 1998-12-14

DISSENTING OPINION

VITUG, J.:

The life of the accused in this case literally has hanged by the thread until fate has decreed that his life is to be spared from an impending execution, ironically in the case at bench, through a perceived lapse on the part of the prosecution.

With due respect, I cannot join my colleagues in absolving the accused from the crime of rape.

The question of whether or not a person may be convicted for the commission of an offense depends on whether or not there is, in the mind of the court, moral certainty that a crime has been done and that the accused is the person who has committed it. In my view, these...