Farmer gets 12-year prison term for murder

CEBU, Philippines - A farmer was sentenced to suffer 12 years imprison after he was found guilty of murder by a Cebu City court.

Melchor Bontilao was found guilty of killing his neighbor in barangay Budlaan eight years ago.

Regional Trial Court Judge Gilbert Moises convicted Bontilao for violation of Article 249 of the Revised Penal Code for hacking to death Algenerico Dungog on Aug. 18, 2002.

In an 11 page decision, Moises found the “presence of treachery” based on the evidence presented by the prosecution. Bontilao hacked Dungog when the latter went to his house to pay the money he borrowed from the accused.

The prosecution presented eight witnesses that all pointed to the accused to have murdered the victim in cold blood.

 Bontilao denied the accusation, saying what he did was a mere self defense because it was the victim who allegedly attacked him first.

He testified that he was awakened by a commotion at around 8 p.m. when he checked out the situation he claimed seeing Dungog destroying the door of his house with a bolo.Bontilao said that Dungog threatened to kill his entire family once he gets inside the house. Alarmed, Bontilao said he hit the hand of the victim promoting the latter to fall. Bontilao said he then rushed to pick up the bolo and started hacking him.

But Moises said he was not convinced of the alibi of the suspect that what he did was a self defense.

 “At that moment, the accused was no longer in danger because the bolo fell from the hand of the victim. In fact, he was able to take possession of the bolo and used it to strike at the victim hitting the latter on his head,” the judge said.

 “Nevertheless, the unlawful aggression initiated by the victim was lost the moment the accused got hold of the bolo. His (Bontilao) was no longer under threat and the victim by then was already defenseless.

Moises ordered Bontilao to pay P50,000 as indemnify to the heirs of Dungog. – THE FREEMAN