He may have been acquitted of kidnapping with murder charges, but what about the seven years he had spent in jail just for the accusation?

Kabankalan Regional Trial Court Judge Henry Arles yesterday ordered the release of Rolex Cayang, alias Boboy and Tawitwit, from jail after the prosecution failed to establish a sufficient evidence to pin him down in the kidnap-slay of 3-year-old Johna Hobo on Feb. 9, 1998, in Hinobaan, Negros Occidental.

Arles said the Court could not convict Cayang with moral certainty as the evidence presented by the prosecution consisted merely of testimonies, and were insufficient to prove his guilt beyond reasonable doubt.

Court records show that Hobo disappeared on Feb. 9, 1998 while playing with other children in Sitio Vasquez, Brgy. Nauhang, Hinobaan. A day after, the child was found dead in a "katunggan (swamp)" in Sitio Castillo, Brgy. Pook, Hinobaan, about three kilometers from Sitio Vasquez, with hematoma, abrasions and injuries in the different parts of her body.

Jonathan Hobo, father of the victim, accused Cayang of kidnapping and killing his daughter. Citing the testimonies of his "kumpare" - Eduardo Salcedo, Hobo claimed that Cayang brought his daughter to the seashore of the place.

Hobo said he was also told by Maria Luz Ganancial that she had seen Cayang and Johna on board a tricycle going to Hinobaan.

In view of the unreliability of the evidence presented by the prosecution, the claim of Cayang that he is just a victim of circumstances as the child he was seen carrying was the child of his niece, Flora Dagon, who corroborated his testimony, assumes importance and acquires commensurate strength.

Where the evidence does not show beyond moral certainty that the accused was the perpetrator of the offense, acquittal necessarily follows, Arles said.

He also stressed that the constitutional presumption of innocence must be upheld.

Meanwhile, Arles meted a maximum of six years of imprisonment on Manuel Dumdum who was found guilty beyond reasonable doubt of the crime of theft.

Dumdum pleaded guilty to the charge of theft for stealing P142,580 worth of equipment and personal belongings of Dr. Stefan Greonewold on July 30 this year in Sipalay City, Negros Occidental.*GPB

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