CEBU, Philippines - A painter was sentenced to suffer 17 years imprisonment after he was found guilty of killing his neighbor three years ago.
Regional Trial Court Branch 18 Judge Gilbert Moises convicted Rene Bacalso of Sitio Laguna, Bulacao, Pardo, Cebu City in the killing of Mateo Regidor Gabaca on March 19, 2008.
The court also ordered Bacalso to pay the heirs of Gabaca the total amount of P95,000 as civil indemnity, moral and temperate damages.
Bacalso claimed self-defense when he killed Gabaca, whom he alleged to have attacked him first with the use of a kitchen knife when he refused to give the latter his demand for money.
According to Bacalso, he was able to parry the attacks from Gabaca and subsequently was able to gain possession of the knife which he also used to stab his alleged aggressor. However, the court dismissed his claim of self-defense.
“The rationale is that such proceeds from the admission of the accused that he killed or wounded another, which is felony, for which he should be criminally liable unless he establishes to the satisfaction of the court the fact of legitimate defense,” the order reads.
Moises ruled that “the moment the accused got hold of knife, the element of unlawful aggression on the part of the attacker, in this case Mateo Gabaca, already ceased. Hence, the accused could not invoke self-defense anymore since the victim was already unarmed and there was no more danger to his life.” (FREEMAN)