CEBU, Philippines - The Regional Trial Court has downgraded the charges of frustrated murder to attempted murder against a man and sentenced him to 8 years in prison for shooting a student after watching a concert on Salvador Ext., Labangon about four years ago.
RTC Branch 18 Judge Gilbert Moises found George Manvic Ballientos guilty beyond reasonable doubt of the crime of attempted murder and ordered him to pay his victim Paul Ritch Silos the amount of P10,000 as temperate charges.
Moises downgraded the charges against Ballientos from frustrated murder to attempted murder saying Silos’ injuries were only on his thigh and leg and were not fatal.
As against Ballientos assertions that Roel de Guzman was the real culprit and his unsupported denial, Moises said that the court gives more credence to the testimonies of the three prosecution witnesses especially since they were strongly supported by the physical evidence as the two attending physicians testified that the victim sustained fracture on his left thalus and left fibula, based on the location of which, the gunman was on the left side of the victim.
One of the witnesses named Joseph Biñas said that he was with Silos during the incident when Ballientos waylaid them in the road and started shooting the victim.
Biñas said that he knew Ballientos for years and that he was certain that it was him who shot Silos as the place was lighted with a sodium lamp, enough to have see the assailant’s face.
Moises said that Biñas identification of Ballientos as the accused was categorical and firm since he was just mere three steps away from where the accused fired at the victim.
“It is well settles rule that positive identification where categorical and consistent, prevails over a denial which is negative self serving evidence,” Moises said. — Jasmin R. Uy/WAB (FREEMAN NEWS)