A Kabankalan Regional Trial Court judge yesterday acquitted two Ilog brothers of charges of robbery with homicide.

Kabankalan RTC Judge Henry Arles ordered the release of brothers Jonie and Danny Mahilum of Brgy. Balicotoc, Ilog, after the prosecution failed to prove their guilt beyond reasonable doubt. The case stemmed from an incident on Jan. 12, 2000 when the Mahilums allegedly robbed complainant Lucilyn Cabay of P2,500 at her home in Ilog and stabbed her husband, Federico, that caused his death.

"After a careful evaluation of all the evidence presented by both the prosecution and the defense, the Court could not convict both accused with moral certainty. There are circumstances that cast serious doubt on their guilt," Arles said in his decision.

The testimonies of complainant Lucilyn Cabay and Juanito Recla who are supposed to be eyewitnesses of the prosecution are inconsistent, the judge said.

Recla claims that the victim was killed by the two accused at about 2 p.m., while Cabay declares that the victim was killed at around 7 p.m. after the accused robbed them, Arles said.

Arles also said that the court finds it hard to imagine that both accused who are also residents of Brgy. Balicotoc, where the alleged robbery took place and are both known to the complainant would have the temerity to commit such a robbery where they were easily recognized without resorting to disguises to hide their identity. *CPT

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