Peras affirms Sumabong's conviction

CEBU, Philippines - Citing no compelling reason to reconsider his earlier decision, Regional Trial Court Judge Soliver Peras denied the motion for reconsideration filed by accused Nemuel Sumabong for killing lawyer Richard William Sison.

Sumabong through his counsel Wendell Quiban had filed a motion for reconsideration with second motion for voluntary inhibition before the court citing inconsistencies.

But Peras in his two-page order affirmed the conviction of Sumabong.

“There are no new issues that would provide compelling and cogent reason which would justify a reversal of the decision sought to be reconsidered,” the order reads.

He said based on the testimonies of the prosecution witnesses it was clear that they saw the accused shot the victim. Peras also ruled that there’s no reason for him to inhibit from resolving the motion.

While it is true that both he and the victim were members of the reserve officer in the Philippine Army, he said this doesn’t mean that they were close as claimed by the defense.

He described the arguments of the defense as “more of an imagination and theoretical than in practice.”

It was on May 15, 2012 when Sumabong was found guilty for the killing of Sison. He was sentenced to 20 to 40 years imprisonment and ordered to pay a fine of P120.6 million.

Sumabong questioned the conviction, citing inconsistencies in the testimonies of the prosecution witnesses.

 “Crisanto Lagasca and Carla Vergara identified the accused as the gunman while their co-employee by the name of Jovenell Batingal pointed to the accused as the driver of the getaway motorcycle,” he stressed.

He added that “this conflicting evidence given by three eyewitnesses is so alarming to be overlooked. The evidence should not have been given credence as false in one thing is false in everything.”

Peras gave weight to the testimonies of prosecution witnesses.

“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,” the decision reads.

The victim was shot dead on May 21, 2008 while he was driving his Toyota pick-up along V. Sotto St., corner M.J. Cuenco Avenue, Barangay Tinago, Cebu City.  (FREEMAN)