Author Topic: Court Upholds Testimony of 6 Year Old Girl  (Read 705 times)

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Court Upholds Testimony of 6 Year Old Girl
« on: October 16, 2009, 09:48:59 AM »
By Julie M. Aurelio
Philippine Daily Inquirer

A Quezon City court has sentenced to life imprisonment a laborer accused of stealing P1.2 million from a man and then killing him and his housemaid after a 6-year-old girl positively identified him as the man whom she saw strangling one of the victims.

In a 27-page decision promulgated recently, Judge Bayani Vargas of the Quezon City Regional Trial Court Branch 219 found Jaime Elpidang guilty of robbery with homicide.

Vargas also ordered Elpidang to pay the heirs of Samuel Allan Sy and his housemaid, Vilma Ciruela, a total of P320,000 and P120,000 in damages, respectively.

The judge said he based his decision on the testimony of the young girl who told the court that she saw Elpidang strangle Ciruela inside Sy’s house in May 2004. The girl said she witnessed the killing from her hiding place.

At the time the crime took place, the girl was staying with Ciruela who was her mother’s best friend.

In his ruling, Vargas downplayed Elpidang’s defense that he was not the one who killed Sy and Ciruela as he pointed out that a child’s testimony is sometimes sounder than an adult’s.

“Children of sound mind are likely to be more observant of incidents which take place within their view than older persons, and their testimonies are likely more correct in detail than that of older persons,” he said in his decision.

Based on court records, Elpidang broke into Sy’s house in Barangay Talipapa and took P1.2 million worth of cash and jewelry. To silence Sy, he stabbed him and later strangled Ciruela.

The victims’ bodies were later discovered by authorities and Elpidang was arrested after the young girl positively identified him as the killer.

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