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Good day My brother and his wife are convicted of murder and kidnapping, they are first time offenders given a life sentence. The case has no evidence linking them to the "murder" besides statements from state witnesses, there is no corps, no death certificate not even the evidence the IO brought was inconsistent. How can you help them?
Answers (1)
Posted Thu, Sep 11, 2025 12:25 PM
Hello:
Thank you for sharing this concern. Presuming this is within Philippine jurisdiction, a conviction for such a serious crime like murder and kidnapping may still be challenged through the proper remedies provided by law. Based on your narration that there is no corpus delicti or body of the crime, no death certificate, and that the conviction relied heavily on inconsistent witness statements, your brother and his wife may still seek relief.
a.) They can file an appeal with the Court of Appeals under Rule 41 of the Rules of Court, raising serious errors of fact or law, particularly the insufficiency of evidence. Conviction without proof beyond reasonable doubt violates their constitutional right to due process.
b.) If the decision of the Court of Appeals affirms the conviction, the remedy is to elevate the case to the Supreme Court via a petition for review on certiorari under Rule 45, raising questions of law, including whether the conviction is void for lack of corpus delicti and inconsistencies in the prosecution’s evidence.
c.) They may also consider filing an application for bail pending appeal in exceptional cases if circumstances warrant, though this is difficult for capital offenses, it may be argued if the prosecution’s evidence is indeed weak.
d.) If new and material evidence surfaces that could not have been discovered during trial and would probably change the outcome, a petition for new trial under Rule 121 may be filed.
Given the gravity of the situation, immediate legal representation is very important to ensure deadlines for appeal are not missed. Our firm, Recososa Law Firm, handles criminal defense including post-conviction remedies. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet or Zoom call, or a physical consultation at our office. You may send us an email at recososalawfirm@gmail.com and kindly indicate that you are a client from LawZana. Alternatively, you may also call or text us at +639175046510.
If this answers your question to your satisfaction, I hope it is not too much to ask to please like and share our Facebook page and leave us a review on our Google page below, as this will surely inspire us to do more of this kind of assistance:
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Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm
E-mail: recososalawfirm@gmail.com
Mobile/Viber/WhatsApp: +63-917-504-6510
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