Sandiganbayan acquits Iloilo mayor on grave threats, convicts on light threats charge
The Sandiganbayan First Division ruled on a criminal charge filed against an Iloilo town mayor with an order for acquittal and conviction.
Docketed as Criminal Case No. SB-07-CRM-0013, accused was Santa Barbara Mayor Isabelo Maquino for grave threats. The case stemmed from a complaint brought by a November 2006 altercation with former broadcaster turned Santa Barbara councilor Larry Deatras.
The Sandiganbayan in resolving the case took note of the testimony of a material witness who apparently failed to categorically recall hearing supposed threatening words. Deatras in his affidavit told the Sandiganbayan that Maquino in the presence of several witnesses threatened to kill him.
Yet for ground of reasonable doubt, the Sandiganbayan moved to acquit the mayor while finding him guilty of the offense of light threats.
“While it appears that there is reasonable doubt that the accused uttered the threatening words “Ano Kaw, Karon Pinatay Ta”, the Court is convinced that the accused drew a gun and threatened complainant with it, as shown by the combined testimonies of three prosecution witnesses, his denial notwithstanding. Specially so, that the accused admitted that he felt insulted with the complainant’s refusal to move his pick-up and that he carries and has a permit to carry a gun… In conclusion, the Court finds that while the accused should be acquitted of Grave Threats, he should be held liable for Light Threats punished under par. 1 of Art. 285 of the Revised Penal Code,” excerpts of the 17-paged Sandiganbayan Decision went.
The Order was penned by Associate Justice Rodolfo Ponferrada and concurred by Sandiganbayan First Division Chairman Norberto Geraldez and Associate Justice Alexander Gesmundo.