Albert Francis E. Domingo, MD

my flight of ideas

Reasonable Doubt is like “Tinga”

Posted on | December 16, 2010 | No Comments

I agree with my Brod JR Dela Cruz in observing that Lejano v. People (G.R. No. 176389, December 14, 2010) that decided the Vizconde massacre case effectively compared reasonable doubt to detritus in between teeth, better known and appreciated in the vernacular as “tinga”. Said the Court:

In our criminal justice system, what is important is, not whether the court entertains doubts about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable, lingering doubt as to his guilt.  For, it would be a serious mistake to send an innocent man to jail where such kind of doubt hangs on to one’s inner being, like a piece of meat lodged immovable between teeth.

(emphasis supplied)

Kudos to the ponente Mr. Justice Abad for being succinct and graphic in relating the concept of reasonable doubt.

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