Ex-Army soldier appeals conviction

CEBU, Philippines - A former Philippine Army official, who was convicted for homicide for allegedly killing his senior official in 2009, is seeking for reconsideration of the decision of Regional Trial Court Judge Estella Alma Singco.

Former corporal Jesusito Bayang, through lawyer Rameses Villagonzalo, filed a motion for reconsideration, which is set to be heard today before the Regional Trial Court Branch 12.

 In his motion, Bayang stressed his innocence.

 “The testimony of the accused is sufficient to establish a valid self-defense and there is no other testimony offered by the state to prove otherwise,” read the motion.

 Bayang, a resident of Del Carmen, Surigao del Norte, was found guilty beyond reasonable doubt for homicide for reportedly killing Staff Sergeant Romeo Mendez. He was sentenced to suffer the penalty of imprisonment for six years and one day to 12 years and one day.

 Singco ordered Bayang to pay the heirs of Mendez the amount of P38,405 as actual damages, P75,000 as civil indemnity, P50,000 as moral damages, and P20,000 as attorney’s fees and litigation expenses.

 On September 4, 2009 at around 5:20 a.m., Bayang reportedly shot Mendez using a .45 caliber handgun inside the mess hall of Camp Lapu-Lapu in Barangay Apas, Cebu City.

 Bayang admitted the killing but justified he merely acted in self-defense.

 While he was in the Barracks, he said he was awakened when Mendez pulled his “broken leg” and told him to start cleaning the premises. He went out to get a broom but he went back to the barracks when he found out that it was still dark outside.

 However, he said Mendez got mad. He told Mendez not to treat them that way because they were no longer trainees.

 Bayang reportedly went to the mess hall to make coffee but saw Mendez, who was still angry. When he was about to leave, he heard a banging sound in the table. Bayang then turned around and pulled out his gun and fired at Mendez. He voluntarily surrendered after the incident.

 Singco ruled that the alibi of Bayang that he acted in self-defense was negated by the physical evidence when the victim had five gunshot wounds.

 “…that accused’s act was no longer an act of self-defense but a determined effort to kill his victim. The victim died of multiple gunshot wounds. Besides, if accused really feared that the victim would draw a gun to shoot him, accused could have easily disabled the victim shooting his arm or leg considering the fact that he pointed his gun to the victim,” the decision read.  (FREEMAN)