Court convicts father and son for murder

Saying that conspiracy was proven and that sufficient proof was established for the crime of frustrated murder, the Regional Trial Court sentenced a man and his son of up to 12 years imprisonment for shooting their neighbor in 2001.

The court resolved the case against suspects Rodelio and Roldan Tamara after both failed to appear in the scheduled hearings of the case. Judge Meinrado Paredes found father and son guilty beyond reasonable doubt for shooting Armando Mabatid last September 10, 2001 in Alaska, Mambaling. Paredes also ordered both to pay P100,000 for Mabatid's medical expenditures.

Because Mabatid was hit on the forehead and the neck, he had to undergo an operation wherein doctors had to remove contaminated bone and bone fragments, as hematoma was found forming in his brain.

Had he been not immediately attended to, hematoma and meningitis, the latter being a result of contaminated bone, skin or hair that go with the slug, could have led to Mabatid's death, the court said. Mabatid was reportedly still in pain when he testified in court.

"There is clear intent to kill considering the fact that both accused shot the vital parts of the body of the private complainant. There is evidence to the effect that by performing all the acts of execution, the crime of murder would have been committed had it not been for the timely and medical attendance rendered by a doctor, which prevented the private complainant's death," Paredes said.

Mabatid testified he was taking snacks with friend the night of the incident when Roldan allegedly "made fun" of them, prompting them to transfer to the other side of the road. Moments later, Roldan came back with Rodelio and challenged Mabatid to a gunfight. Both father and son reportedly carried guns.

Rodelio shot Mabatid twice and hit his forehead while Roldan shot him and hit his neck. Mabatid told the court that before the incident took place, Mabatid said he had reprimanded Roldan for allegedly disturbing passersby.

"In a straightforward, clear and convincing manner, the private complainant established all the elements of the crime of frustrated murder qualified by evident premeditation, if not, treachery. Thus, both accused armed with handguns connived and confederated and helped each other in shooting the victim Armando Mabatid," Paredes said.

Paredes also said that the prosecution was able to establish conspiracy between father and son.

"The prosecution established by positive and conclusive evidence the existence of conspiracy. In the instant case father and son had a common purpose and were united in the execution of their criminal acts. Both actively cooperated in the perpetration of the crime. Their positive acts contributed to the realization of their common criminal intent. Therefore, the act of one is the act of both," Paredes said. - Joeberth M. Ocao