Guimaras Court acquits SB member on 2 criminal raps
Gaitano
Twin victories were achieved by a town councilor in Buenavista, Guimaras who was acquitted on two criminal cases here.
Found "not guilty" was Councilor Joynareh Gaitano in a case that stemmed from an October 2005 incident.
In the center of the controversy was the matter of construction materials checked by Councilor Gaitano amidst concerns of being sub-standard.
Docketed as Criminal Case No. 8382-B, first acquittal was on the Grave Oral Defamation charge followed by Criminal Case No. 8383-B for Malicious Mischief.
Issues resolved by the Court was whether or not then accused town official was criminally liable as charged and whether or not he was also to be held civilly liable for damages.
After a lengthy legal battle, the prosecution failed to prove its case. Further still, the Court noted "substantial disparity" in the testimony of two prosecution witnesses. Said disparity, the Court added, actually created reasonable doubt.
"Furthermore, the Court finds that the statements uttered by the accused are not defamatory for being not done maliciously by him…….malice is a term used to indicate the fact that the offender is prompted by personal ill-will or spite and speaks not in response to duty, but merely injure the reputation of the person defamed," excerpts of the Court Decision as obtained by The News Today (TNT) went.
Elements of malicious mischief are also wanting, the Court added.
"This only confirms the validity of actions taken by the accused which has only the purpose of ascertaining the truth of the report that sub-standard materials are delivered and used in the said construction," the Decision stated.
"In Crim. Case No. 8382-B for Grave Oral Defamation, the prosecution having failed to absolutely proved the guilt of the accused Joynareh Gaitano, this Court finds him NOT Guilty of the said crime and he is hereby ACQUITTED thereof;" it continued. "In Crim. Case No. 8383-B for Malicious Mischief, the prosecution having failed to absolutely proved the guilt of the accused Joynareh Gaitano, this Court finds him NOT GUILTY of the said crime and he is hereby ACQUITTED thereof."
Judge Constantino DC Tubilleja of the 1st Municipal Circuit Trial Court of the 6th Judicial Region in Guimaras penned the Decision.
Gaitano was aided by lawyers Cornelio Panes and Joviel Edama in said cases.