SC af­firms con­vic­tion of man for try­ing to kill step­mom

The Freeman - - NEWS -

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.—

Manto/MBG

Mylen P.

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