Soldier who shot NCO refuses to enter plea

CEBU, Philippines - The soldier who shot dead a superior officer failed to enter a plea during his arraignment yesterday before the sala of Regional Trial Court Branch 12 judge Estela Alma Singco.

When asked if he understood the information of the charges that were read before him, Cpl. Jesusito Bayang said yes but did not enter any plea.

The rules of court provide that if the accused will not answer the plea, the judge will assume that he entered a not guilty plea to the crime.

Bayang earlier admitted shooting Staff Sgt. Romeo Mendoza last Sept. 5 following an argument inside the mess hall of the 7th finance service unit of the Armed Forces of the Philippines Central Command in Camp Lapu-Lapu in Cebu City.

Bayang complained that Mendoza often pulled his leg to wake him up to start his cleaning duties.

The case was downgraded to homicide after treachery was not proven in the case.

“Neither treachery is attendant where no witness who could have seen how the deceased was shot was presented and neither was there a circumstance indicating that the victim was not totally without opportunity to defend himself as the attack was frontal,” said Assistant City Prosecutor Alexander Acosta in his resolution.

Acosta said all circumstances in the case showed that the attack was a result of a “rash and impetuous impulse of the moment rather than the deliberate act of will”.

The Supreme Court, he said, has consistently ruled that a crime can be considered murder if the prosecution can prove that the offender is determined to kill the victim.

In his counter-affidavit, Bayang said he just defended himself when he shot Mendez, whom he said threatened to attack him.

Bayang earlier posted bail of P40,000 after the murder charge filed against him was downgraded to homicide. – Jasmin R. Uy/BRP   (FREEMAN NEWS)