Carpenter convicted for killing cop's husband

CEBU, Philippines - For killing a policewoman’s husband in 2008, a carpenter was convicted for homicide by Regional Trial Court Judge Gilbert Moises of Branch 18.

In his ten-page judgment, Moises convicted Allan Villeno, a resident of Sitio Tinabangay, Barangay Alaska, Cebu City and meted a penalty of imprisonment eight years and one day to 13 years and one day.

Likewise, he ordered the accused to indemnify the heirs of the victim in the amount of P50,000; P30,000 for moral damages; P40,610 for actual damages and P10,000 for temperate damages.

The incident happened on May 6, 2008 at 11:00 p.m.

In his testimony, Robert Balili said he was a neighbor of both accused and the victim, Nolito Asingua Sr. He said that on the said date at 10:00 p.m., while on his way to an internet café, he saw the victim at his store while the accused was in a nearby videoke place together with four to five persons.

Balili noticed that the accused was holding a knife but Villeno allegedly denied bringing such when he was asked.

He said that there was no vacant unit in the internet café prompting him to go back. While on his way, he said he saw accused stab the victim’s back.

“Nolito then released the bicycle he was holding and went into his house with Villeno following him. He stayed where he was and saw Villeno come out of the house of Asingua with a knife and gave the knife to a person he did not know and said that it was already done,” he testified.

Upon cross-examination, Balili said he was initially hesitant to testify but nodded when he was asked by the victim’s son. He said he went to the Homicide Section and failed to tell authorities that Villeno turned over the knife to another person.

“During the investigation, the wife and the brother of the victim who was also a policeman, were around but I did not tell the brother policeman for one and one half month regarding the passing of knife,” he testified.

For the defense, the accused testified that he knew the victim because they were friends and neighbor.

Upon evaluation of the testimonies of the parties, Moises said the prosecution failed to prove that there was treachery. With that, he downgraded the murder case to homicide.

Moises said the admission of Balili that he lives 100 meters away from the crime scene “affects his credibility.” Though he reasoned out that he was going to the internet café but Moises said the presence of Balili in the crime scene when the victim was stabbed, was suspicious.

Moises ruled that though the testimonies of the prosecution witnesses were doubtful but considering the accused admitted killing the victim in self-defense justifies his action.

“In fine, self-defense cannot be justifiably appreciated when uncorroborated by independent and competent evidence or when it is extremely doubtful by itself,” the decision reads.

— (FREEMAN)