Retired soldier gets 14 years for murder

CEBU, Philippines - A retired Philippine Army soldier was sentenced to 12 to 14 years in prison for shooting dead a convenience store owner in Gonzales St. barangay Kamputhaw, Cebu City.

In a 12-page decision, judge Raphael Yrastorza Sr. of Regional Trial Court Branch 14 found Filomeno Amistad, a resident of Poblacion III, Carcar City, guilty of the murder of Lalaine Jore last February 17, 2009.

Yrastorza downgraded the sentenced from reclusion perpetua down to reclusion temporal after the prosecution failed to present a CCTV video allegedly showing Amistad shooting Jore.

According to defense lawyer Ethelbert Ouano they will file a motion for reconsideration with the Court of Appeals saying the decision of Yrastorza was questionable as it was based merely on the statement of the prosecution witness that Amistad was one of two men who shot Jore.

The CCTV video was also not presented in court.

Prosecution witness, Louella, a sister of the victim testified in the court that last February 17, 2009 at about 7:45 p.m. she was the duty cashier of the convenience store owned by her sister.

She said a man came in, ordered beer then paid for them. She asked him if he wanted to use glasses and he said no before going outside followed by their worker, Luisito Niese, who brought the beer.

Five minutes later she said the same unidentified man reentered the store and shot Amistad who who was standing near her outside the counter. Amistad allegedly came and “directed” the unidentified man to shoot Jore again and the unidentified man shot Jore twice more.

This unidentified man is still at large.

Louella said that the two went outside while she helped her sister and sought assistance from a cousin who was in a nearby internet café and they brought the victim to the hospital. She failed to make it there alive.

Louella said that she cannot forget Amistad who has a small mole on his face.

Senior Insp. Mario Monilar of the Homicide Section said that they went to the convenience store where the incident happened and saw the CCTV camera and identified Amistad.

But according to the defense witness Helen Grace Gigantana, Amistad was in Carcar City during the incident. (THE FREEMAN)