“A perusal of the records [also]indicates that the third element was not duly established since Moises admitted in open court that she already waived the aforementioned PIB,” it said in part. Indeed, there was negligence on the part of Moises when she opted not to ask the accused regarding her PEF. As shown above, Moises neither talked to the accused nor wrote him a communication. “Wherefore, premises considered, accused Jose O. Alba, Jr. is hereby acquitted for failure of the prosecution to prove his guilt of the crime charged beyond reasonable doubt,” the court ruled. Associate Justice Maria Theresa Mendoza-Arcega penned the ruling concurred in by Associate Justice Rafael Lagos and Associate Justice Lorifel Pahimna.

Source: Manila Times December 25, 2017 16:07 UTC