PEOPLE VS. DRAMAYO [42 SCRA 60; G.R. L-21325; 29 OCT 1971]

Facts: Dramayo brought up the idea of killing Estelito Nogaliza so that he could not testify in the robbery case where he is an accused. The idea was for Dramayo and Ecubin to ambush Estelito, who was returning from Sapao. The others were to station themselves nearby. Only Dramayo and Ecubin were convicted in the RTC for murder. Hence the appeal


Issue: Whether or not the accused’s criminal liability proved beyond reasonable doubt.


Held: Yes. It is to be admitted that the starting point is the Presumption of innocence. So it must be, according to the Constitution. That is a right safeguarded both appellants. Accusation is not, according to the fundamental law, synonymous with guilt. It is incumbent on the prosecution demonstrate that culpability lies. Appellants were not even called upon then to offer evidence on their behalf. Their freedom is forfeit only if the requisite quantum of proof necessary for conviction be in existence. Their guilt be shown beyond reasonable doubt. What is required then is moral certainty. "By reasonable doubt is meant that which of possibility may arise, but it is doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certain of guilt is not demanded by the law to convict of any carnal charge but moral certainty is required, and this certainty is required as to every proposition of proof regular to constitute the offense."

The judgment of conviction should not have occasioned any surprise on the part of the two appellants, as from the evidence deserving of the fullest credence, their guilt had been more than amply demonstrated. The presumption of innocence could not come to their rescue as it was more than sufficiently overcome by the proof that was offered by the prosecution. The principal contention raised is thus clearly untenable. It must be stated likewise that while squarely advanced for the first time, there had been cases where this Court, notwithstanding a majority of the defendants being acquitted, the element of conspiracy likewise being allegedly present, did hold the party or parties, responsible for the offense guilty of the crime charged, a moral certainty having arisen as to their capability.