SC affirms conviction of man for trying to kill stepmom
The Supreme Court 3rd Division has affirmed the conviction of a man with an alleged intent to kill his stepmother, a businesswoman.
Associate Justice Samuel Martires, who penned the decision, denied the petition for review on certiorari filed by Carlos Jay Adlawan seeking to reverse and set aside the ruling of the Court of Appeals (CA) finding him guilty beyond reasonable doubt of frustrated homicide.
“Thus, the CA correctly affirmed petitioner’s conviction for frustrated homicide despite the inadmissibility of the weapon presented in evidence. Georgia positively identified petitioner as the person who hacked her. Her testimony was corroborated by Fred who categorically declared that petitioner chased and hacked Georgia,” read the decision.
Adlawan appealed his case after the CA affirmed the 2006 decision of the Regional Trial Court Branch 5 in Cebu City finding him guilty of the crime charged and sentenced him to suffer six years to 10 years of imprisonment.
He alleged the CA failed to consider Georgia Adlawan’s joint motion to dismiss and admit private complainant’s affidavit of recantation and desistance filed in 2010.
In her affidavit of desistance, Georgia claimed that she sustained injuries when she accidentally smashed herself against the clear glass door of their dining room on February 18, 2004 after she slipped when she was about to board their multicab.
However, during her testimony in court, Georgia alleged she was hacked by her stepson. Georgia’s testimony was corroborated by Fred John Dahay, their driver.
In their 14-page decision, the SC ruled the CA was correct in its decision. The testimonial and documentary evidence of the prosecution showed that without the medical attention given to Georgia, she could have died.
“That petitioner intended to kill Georgia, and that the injuries she sustained were fatal and would have caused her death if not for the timely medical intervention, were therefore established by proof beyond reasonable doubt,” read the decision.
In addition, the CA was correct in disregarding Georgia’s affidavit of recantation and desistance.
The SC stated the affidavit of recantation of Georgia was merely to support Carlos Jay’s defenses, not the sole consideration that can result in acquittal.
“…Georgia’s affidavit of recantation and desistance is unreliable. To recall, the affidavit was executed after petitioner had already been convicted by the trial and appellate courts. Moreover, Georgia’s explanation therein on how she sustained her wounds defies common sense,” the decision further reads.—