THE Manila Metropolitan Trial Court has junked the vandalism case filed against three students of the Polytechnic University of the Philippines (PUP) for failure of the prosecution to prove their participation in the alleged act.
Manila MTC Branch 16 Presiding Judge Minerva Alexandria Bautista granted the demurrer to evidence filed by Kaylven Palencia Mitra, Arjhei Gon Ryuki Garcia, and Charice Kryzia Lopez.
The granting of a demurrer to evidence is tantamount to a dismissal of the case due to failure of the prosecution to prove that the evidence is strong to warrant a conviction.
Police filed the vandalism complaint against the three students after they allegedly spray painted and wrote “militantly-motivated messages” at the portion of the center island along España Boulevard in Sampaloc, Manila on September 19, 2024 in violation of City Ordinance No 8609.
Police officers Guilbert Lacsamana and Lemon Decalzo, who were presented as prosecution witnesses, told the court they passed by and caught the three PUP students allegedly committing vandalism.
But the court said the prosecution failed to prove that the three students were the same individuals involved in the alleged vandalism.
“From the testimony of both prosecution witnesses, the Court finds that the prosecution was unable to prove that accused Lopez was committing vandalism on a structure built and owned by the City of Government of Manila, by then and there spray painting and writing militantly motivated messages on or at some portions of (the) center island along España Boulevard, Sampaloc,” the court said, adding that Descalzo also testified on re-cross that he cannot recall what Mitra and Garcia wrote on the center island.
“In this jurisdiction, no less than proof beyond reasonable doubt is required to support a judgment of conviction. While the law does not require absolute certainty, the evidence adduced by the prosecution must produce in the mind of the Court a moral certainty of the guilt of the accused. When there is even a scintilla of doubt, the Court must acquit,” said the ruling promulgated on April 29, 2025 but only made public on May 27.
“After a judicious perusal of the records, the Court grants the accused’ demurrer to evidence,” it added, as it ordered the dismissal of the case for “insufficiency of evidence.”
The court also ordered the return of the P500 cash bond posted by Mitra for temporary liberty.
Aside from the vandalism case, the police also filed complaints for malicious mischief and disobedience to a person in authority against the three.
But the Manila prosecutors office, through City Prosecutor Rommel Cancio, dismissed the cases, leaving only the vandalism case which reached the court.
