By Felipe V. Celino
ROXAS CITY, Capiz — The Municipal Circuit Trial Court in Pontevedra, Capiz junked for lack of evidence the charges for light threats and helping an inmate escape from jail that were filed by a police official against a lawyer.
Judge Jerson Almalbis, Judge Designate of the 2nd Municipal Circuit Trial Court in Pontevedra, Capiz, approved the demurrer to evidence filed by Atty. Kristina Marie Daliva-Ymas.
A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence. It is a remedy available to the defendant, to the effect that the evidence produced by the plaintiff is insufficient in point of law, whether true or not, to make out a case or sustain an issue.
In an 8-page decision released recently, the court dismissed the charges of light threats and delivering prisoners from jail lodged against Ymas for insufficiency of evidence beyond reasonable doubt.
“Clearly, the element that the offender makes a threat to commit a wrong is wanting in evidence. As such, prosecution’s evidence is insufficient to prove the culpability of the accused for the crime of light threats,” the decision read.
“For lack of evidence that the accused (Ymas) remove Amparo Dizon from confinement and help her escape, the criminal complaint for Delivering Prisoners From Jail against the accused has no leg to stand on and must fall.”
The case stemmed from the complaint filed by former Pontevedra Municipal Police Station Police Major Cristopher Candelario against Ymas.
The lady lawyer went to the police station and claimed that she was the legal counsel of detainee Amparo Dizon.
The lawyer then ordered the police to release her client because she has a release order from the Provincial Prosecutor’s Office.
She said that the police could be held liable for arbitrary detention if Dizon remained in their custody.
It was learned that Assistant Provincial Prosecutor Christopher Orola and Atty. Vicente Atlas Catalan stood for the prosecution side while Atty. Maria Leobeth Deslate-Delicana and Daliva-Ymas were on the defense side.
