Court slaps man with life imprisonment for murder
CEBU, Philippines - The court sentenced a man to 20 to 40 years imprisonment for killing his neighbor.
Judge Gilbert Moises of Regional Trial Court Branch 18 convicted Roberto Peregrino for killing Nolito Alicamen, Sr. of Minglanilla, Cebu in 2011.
In his nine-page decision, Moises said there was clear evidence that Peregrino killed the victim who was resting on the wooden bench in front of their house.
“As the evidence showed, the victim was resting on a bench with both his hands placed at the back of his head when the accused Peregrino came and shot him. The attack was sudden and unexpected and the victim never had an opportunity to defend himself,†he ruled.
Moises directed Peregrino to pay the heirs of the victim the amount of P47,800 as actual damages; P50,000 as civil indemnity; P30,000 as moral damages and P25,000 as exemplary damages.
Nelfa Alicamen, the wife of the victim said that on March 26, 2011, while she was at the terrace of their house, she saw Peregrino aiming a firearm at her husband. According to Nelfa, Peregrino was with another man, Rogelio Cabatuan, Jr., who was also charged with the same case.
She, together with her children, ran towards her husband and shouted for help but nobody came. Later, Nelfa said a police officer arrived and her husband was brought to the hospital but was declared dead on arrival.
Catherine Alicamen and Cirilo Lascuna corroborated the testimony of Nelfa. The two said they saw Peregrino shoot the victim.
Peregrino, a resident of Minglanilla denied the accusation against him. He said while that he was just singing in the nearby videoke when the victim walked along the road.
He said Alicamen called him so he approached and greeted him but the victim slapped and boxed him prompting him to fall into the ground. He added that he saw the victim holding something in his waist, so he pulled Alicamen’s hand and something fell on the ground. He said he picked up a gun and fired three times.
Moises found the testimony of the prosecution credible. He said there was no reason to doubt the testimonies of Lascuna and Catherine because they were neighbors not only of the victim but also of the accused.
Though Peregrino claimed that he acted on self defense, he said this cannot be appreciated because it was uncorroborated and self-serving.
“On the contrary, his neighbors Cirilo and Catherine testified against him and identified him as the one who shot Nolito three times. 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.
Moises however, cleared Cabatuan from charges for lack of evidence against him.
“…there is doubt as to his involvement in the killing. The prosecution’s evidence is unclear as to his participation as he as merely standing beside Peregrino during the shooting. Mere presence at the crime scene does not make anyone liable for a crime. There must be overt acts determinative of his criminal involvement. The claim that he was a back-up had no particulars and was not substantiated,†Moises added. (FREEMAN)
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