CEBU, Philippines - The Regional Trial Court has sentenced a man to 12 years imprisonment for shooting his cousin three years ago in Barangay Sudlon, Cebu City.
Judge Estela Alma Singco of RTC Branch 12 convicted Hermogenes Nadera, saying statements of the prosecution witnesses were “materially corroborated, consistent and credible” compared to the evidences presented by the defense.
Records of the case showed that the victim, Pio Cabigas, was talking with one Romeo Badayos, a buyer of mango fruits, when Nadera approached him and said he could already get even. Nadera then shot him on the chest.
Cabigas was rushed to the Southern Island Hospital while a barangay councilman of Sudlon placed Nadera under arrest.
Cabigas believes Nadera was waiting for him at the area because the mango tree thereat is owned by the suspect’s brother.
The court noted, nevertheless, that the wound inflicted on Cabigas “was not the kind which could have caused his death as; in fact, he was confined at the Vicente Sotto Memorial Medical Center for only one day as testified by Cabigas himself.”
“No convincing proof was offered to show that the wound inflicted on Cabigas was fatal and would have caused his death and the crime committed was frustrated murder not attempted murder,” Singco’s decision reads.
Singco ordered Nadera to pay P2,313 as actual damages; P40,000 as moral damages; and P20,000 as exemplary damages.
As earlier reported, Nadera suspected Cabigas as the one who reported to the police authorities that he owned a firearm for which he was arrested and posted a bond in the amount of P30,000. — THE FREEMAN