Unproven circumstances

The killing of a person may either be homicide or murder which is graver and with a heavier penalty. It is murder because of the presence of some special circumstances that qualifies it and makes it more serious like treachery. This is explained in this case involving two warring groups of teenagers led by Lemuel and Jun.

One evening at about 10 p.m., Lemuel and his teammates in basketball were in his house preparing to go caroling to raise some funds for the team. After their singing practice, they proceeded to the house of a neighbor along the main road some 16 to 25 meters away, passing through an alley. Ahead of the group were Lemuel and Joey walking regularly. While on the way, they heard some slanderous words directed at them and when they turned to look who uttered those words, stones were suddenly hurled at them hitting the head of Albert, one of their mates, While the wound did not hurt very much, the group returned to Lemuel’s house because of the strings of their guitar was broken. After repairing the string, they proceeded to go caroling again.

Upon reaching a corner they saw the group of Jun waiting for them who again stoned them. Because of this Lemuel and Joey approached the group to inquire why. Then Albert who went to a nearby store, saw Jun grab Lemuel and gave a thrust with his right hand. Lemuel’s pal Joey who was with him thought that he was not stabbed but as they were leaving the place of the incident, Lemuel cried “may tama ako” and later he saw blood in the right chest of Lemuel. He was then brought to the nearest hospital where he died on arrival.

After proper investigation by the police, Jun was charged and arrested in their house for the crime of murder as defined in Article 48 of the revised Penal Code. The prosecution presented Joey and Albert to testify on what happened as above narrated. Jun on the other hand admits having stabbed Lemuel but claims self defense because it was Lemuel who allegedly attacked him with a piece of chain and a piece of bamboo.

After trial however the Lower Court found Jun guilty beyond reasonable doubt for the crime of murder and sentenced him to reclusion perpetua. The trial court rejected Jun’s defense because of the positive and unqualified testimonies of Joey and Albert as against Jun’s lone and self-serving version. The court said that Jun’s act of running away after the stabbing incident is repugnant to his claim. He should have instead surrendered to the police.

This finding of the trial court was affirmed by the Supreme Court. Jun has not convincingly proven his claim of self defense based solely upon his testimony. Self defense is an affirmative allegation that must be proven with certainty by sufficient, satisfactory and convincing evidence that precludes any vestige of criminal aggression on the part of the person invoking it. It cannot be justifiably entertained if it is not only uncorroborated by any separate and competent evidence, but in itself, is extremely doubtful and cannot overcome the version of the prosecution supported by testimonies of two eye-witnesses who saw the incident.

The crime committed, however, is only homicide and not murder. The circumstance alleged in the

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Prospective long-term contractors would have no basis to bid unless told of the exact dilapidation of the commuter railway.

be rushed in and installed by original makers, starting with Bombardier Ltd. for signaling and ThermoKing for airconditioners. Fewer trains would mean longer passenger queues, and worse traffic in Mega Manila. Authorities must work harder untangling gridlocks, lest BURI orchestrate a media blame-game on DOTr for the mess.

For honesty and efficiency, Chavez wants to publicly bid out in three months a new maintenance service. That’s iffy, though. Yet unclear is how much MRT-3 had rotted under BURI and two equally bad predecessors, PH Trams and Global Epcom. Prospectors need to know the state of the trains, tracks, signaling, power supply, and stations. Only then can they make offers. Chavez has sounded out MRT-3’s former longtime maintenance servicer Sumitomo of Japan. As well, RAPT Dev. of France that services LRT-1, and Singapore MRT which ex-DOTr bosses had boxed out to favor BURI in late 2015. In those talks the three firms said the commuter rail first needs rehabilitating, before any maintenance can proceed. Advising MRT-3 in 2015, Hong Kong MTR had said such rehab could entail a yearlong shutdown. Sumitomo has proposed to do it in two years, no stoppage, for $150 million, subject to verification of MRT3’s dilapidation.

The DOTr also needs to set policies. Foremost is whether to revert to the “single point of (maintenance) responsibility.” Under that old system, Sumi- new power supply, and the junk coaches.

There are other complications. For one, MRT-3 remains privately owned, by its builder Metro Rail Transit Corp. (MRTC). The firm wants to resume responsibility for maintenance, like it did before Liberal Party influence peddlers came in 2012. Although it prefers Sumitomo, MRTC wants at least a say in any new contracting. For, its 25-year build-lease-transfer deal, till 2055, tasks it with overhauling the MRT-3 every seven to eight years. (It did the job in 2007-2008, but was estopped by the influential PH Trams, Global Epcom, and BURI in 2015-2016.) A high government official is said to be inserting a favored firm for the maintenance, but MRTC is resisting. At the same time, an erstwhile LP congressman is lobbying to halt BURI’s termination, angling instead for arbitration.

Consumerists, meanwhile, are asking DOTr to maintain and operate MRT-3 on its own, to the exclusion of private parties. All that should not delay jailing the past DOTr officials and maintenance contractors for the monthly plunder since 2012.

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