Court convicts lawyer's killer

CEBU, Philippines - One week before the fourth anniversary of the killing of lawyer Richard William Sison, the court sentenced to life imprisonment the man, who gunned down the victim at the corner of V. Sotto St. and M. J. Cuenco Ave. in Barangay Tinago.

Regional Trial Court Judge Soliver Peras found Nemuel Camay Sumabong guilty beyond reasonable doubt and sentenced him to suffer 20 to 40 years imprisonment.

Sumabong, who was positively identified by two witnesses as the one who pulled the trigger, was further ordered by the court to pay P120,575,328 for actual, moral and exemplary damages and unearned income of the late Sison.

Peras gave credence to the testimonies of the principal witnesses Carla Vergara and Crisanto Lagasca.

The victim was shot dead on May 21, 2008 while he was driving his Toyota pick-up.

Testimonies

In his testimony, Lagasca said that while he was working, he happened to look through the glass wall of their establishment which was facing the street.

He said that he saw a vehicle speeding up then afterwards saw a speeding motorcycle with a backrider.

He said that he saw the backrider disembark from the motorcycle and approach the Toyota pick-up and opened fire.

“After shooting the driver of the pick-up the assailant went back to the place where the motorcycle was situated and in so doing, he happened to see the man’s face for about 4 to 5 seconds,” he said.

Lagasca added he did not see the face of the driver of the motorcycle as the latter was wearing a helmet.

The motorcycle fled towards Pier 3.

Lagasca said at first, he hesitated to cooperate in the investigation of the authorities as he feared for his life.

But he was bothered by his conscience and decided to talk to the National Bureau of Investigation (NBI), which investigated the case.

Lagasca described the assailant to the NBI cartographer, who made a sketch of the image of the suspect.

After receiving information that accused was sighted at Barangay Kamputhaw, Cebu City, the NBI team brought Lagasca to the place to verify if it was the gunman.

The NBI gave Lagasca a telescope so he could see the suspect and positively identified Sumabong as the gunman.

Lagasca said sometime in June 2008 while the NBI was still investigating the case, a man wearing coveralls went to his residence at past 12 midnight. He said that while he did not recognize the person, he noticed that he was carrying a gun.

The man asked him if he saw the face of the person driving the motorcycle and if he was given money by the Sison family to be a witness in the case.

Lagasca said that after he answered no to both questions, the man left on board a motorcycle.

That incident even prompted him to seek refuge in the houses of his friends.

Vergara, the other principal witness testified that she saw the incident and identified the accused as the gunman.

Sumabong denied killing Sison saying that it would be impossible for him to be in the area as he was having his regular duty as a security guard at Gochan Building near Carbon Market.

He said he did not know that he was being implicated in the killing of Sison as he has no access to news.

Sumabong added on June 10, 2008 the NBI arrested him and brought to him to their office.

There, he said, he was told that he was pinpointed by a witness as the alleged killer of Sison.

Ruling

Peras cited the testimonies of the eye witness were given weight.

“Their testimonies dove-tailed exactly on material points and with minor inconsistencies can be considered as straightforward, spontaneous and devoid of any contradictions, to be entitled to credence and full faith by this court,” decision reads.

With the statement of the accused that it was impossible for him to be at the crime scene as he was on duty, Peras however, looked the other way.

“As already discussed, this court finds the defense claim of alibi to be shaky considering the positive identification made by the prosecution witnesses that it was the accused who shot the victim. In addition, the distance between the places of incident where the victim was ambushed and the place of work of the accused, can be negotiated in a few minutes,” decision reads.

Peras added the alibi of the accused can be rejected by the court for the positive identification of the witnesses.

Peras said though the prosecution failed to present attending physician and death certificate of the victim but the court gave credence to the testimony of the wife of the victim who testified the hospital expenses of her husband.

Plea of innocence

Before and after the decision has been read by the court interpreter, Sumabong claimed innocence.

“Your honor inosente intawon ko (I am innocent),” this was the statement of Sumabong before the decision was read by the interpreter.

In an interview, Sumabong reiterated being innocent and that he is only a fall guy.

Sumabong’s lawyer Wendell Quiban said as of this time, he does not know whether to file an appeal or to file a motion for reconsideration.

Florencio, father of Sumabong, said his son is a victim of injustice.

Prosecution lawyer Jennie Aclan said they were happy of the conviction of the accused.

Blandina Sison, wife of the victim, said she is happy, but she will be happier if the mastermind will be arrested.—/NLQ (FREEMAN)