In a 13-page decision, Judge Teresa Soriaso also ordered accused Rolando Macallai to pay the heirs of Joselito Manotok a total of P125,000 in damages.
Manotok, the son of a former official in Panginay, Bulacan, was a manager of a beach resort and owner of a pet shop when he was killed while at the Tutuban Shopping Mall doing his Christmas shopping.
The judge reduced the murder charges to homicide since it was shown that the accused had no intention to kill the victim.
Records showed that on Dec. 13, 1998, Manotok traveled from Panginay to Divisoria in Manila with five relatives on an owner-type jeep to shop at Tutuban.
At around 1 p.m., their vehicle attempted to enter a pay parking area, which could no longer accommodate vehicles.
Macallai approached the jeep and told Manotok to leave since the parking area was full. When the latter refused, the security guard hit the hood of the vehicle with his nightstick.
This irked Manotok, who said that his pregnant wife Jovy was on board and that he would hold the security guard accountable if anything should happen to her.
He then cursed at Macallai, who stepped back and, from a distance of about one meter, pulled out his service .38 revolver. The guard fired twice, hitting Manotok in the neck and right side of the body. He then walked away.
A wounded Manotok managed to alight from the jeep, but after taking three steps, he crumbled to the ground.
His sister-in-law Jo-Ann Wesson ran after the guard and was able to catch him some 15 meters from the scene of the shooting.
It was at this juncture when Macallai’s immediate superior Enrico Fernando appeared and took the guard into custody.
Relatives brought Manotok to the Mary Johnston Hospital, where he was pronounced dead on arrival.
In his defense, Macallai said he lost his temper when the victim started pointing and cursing.
At one point, the guard claimed he could not recall shooting the victim.
However, during re-direct examination, he admitted to the court that he used the gun because he was being cursed and insulted.
He felt Manotok was not only insulting him, but his entire family. "I lost my temper and did not have time to think."