Parolee convicted of homicide
CEBU, Philippines - A man who is presently on parole for murder has been found guilty of homicide and was convicted to 12 years imprisonment by the Regional Trial Court on Friday.
Jun Jun Sacamay, also known as Daniel Sacamay, has been sentenced to 12 years in prison for the death of Vicente Gabutin last January 1, 2002.
Jun Jun was one of the suspects of the murder case along with his brother Marlon, but Marlon died in 2004 while the case was still pending in court, making him the lone accused in the case.
Cenon Ubod, a witness to the crime said that while he was conversing with the victim, the two accused Marlon and Jun Jun arrived near a store looking for a motorcycle to take them somewhere.
He knew the two accused personally because they are his neighbors.
Since there was no motorcycle available, the two proceeded to wake up the store owner but the victim advised them not to do that. This angered the accused who stabbed the victim six times.
The victim suffered two fatal wounds that caused his death three months after the crime.
RTC Branch 18 judge Gilbert Moises gave credence to the testimony of Ubod after he positively identified the suspects as the ones who stabbed the victim.
The punishment of Sacamay was also lessened after the prosecution failed to establish the aggravating circumstances of treachery and evident premeditation.
“In the case at bar, the attack was not sudden and unexpected, it was preceded by heated exchange of words. It can be said that the accused was provoked because the victim intervened when he tried to wake up the store owner, evident premeditation cannot be appreciated in this case, hence the crime committed was only homicide,” Moises said.
On top of the punishment given to Sacamay, he was also ordered to pay P50,000 as indemnity to the heirs of the victim and P25,000 as temperate damages. — Jasmin R. Uy/BRP (THE FREEMAN)
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