CEBU, Philippines - Citing sufficient evidence, Judge Soliver Peras of Regional Trial Court Branch 10 convicted two men accused in the murder of Methusael Inesola, the owner of Methus Lechon in 2008.
In his 17-page decision, Peras found accused Diosdado Ortega and Jackie Trazona guilty of the crime charged beyond reasonable doubt.
“The action of the two accused would show a concert of design, showing their objective to kill the victim when after Yuli Ramas (at large) show the victim while the two of them were standing guard to prevent or repel any defense that might be offered by the victim, they immediately turned their firearms and fired both guns on her,†the decision read.
The two were sentenced to 20 to 40 years in prison and ordered to pay a fine amounting to P75,000 for moral and exemplary damages.
Peras, however, cleared the two accused for frustrated murder. He said the prosecution failed to present Lerio Abadiez, the helper of Methus Lechon, who was hit during the said incident. Abadiez survived the attack.
The incident happened on Dec. 31, 2008 at around 10 p.m. in Sitio NGA, Barangay Lahug, Cebu City.
Rogelio Adolfo, a driver, testified that while he was standing at the road side near the Methus Lechon with George Ryan Lopez, he saw the victim standing in front of her lechon house and directed her employee Rodney to wrap lechon as there were no customers then.
After a while, he said he saw a motorcycle approaching with three men on board and upon reaching the area in front of Methus Lechon, Ramas, who is still at large, approached Inesola and shot her four times, killing her on the spot.
Adolfo said he ran to a nearby house and hid. From there, he said he saw the other companion of Ramas, the two accused, also fire their guns. The two accused ran and entered the gate of the house of policeman Ken Yngayo while Ramas ran off in another direction.
The two accused were arrested by the members of the Special Weapons and Tactics team.
Adolfo’s statements were corroborated by Lopez.
Trazona, a motorcycle-for-hire driver, said on the said date at around 9 p.m. he was approached by Ramas. It was their first meeting. He said Ramas hired him to drive him to Sitio NGA. Ramas requested Ortega, his friend, to go along with him.
Upon arrival at Sitio NGA, he said Ramas disembarked from the motorcycle and as he and Ortega were about to return to their place, they heard gunshots.
Trazona said Ramas also fire at him, hitting him in the upper thigh. With that, he said he and Ortega hid at the nearby house of Yngayo
Ortega likewise denied the charges, saying it was Ramas, who opened fire.
With the foregoing evidences, Peras found the testimonies of Adolfo and Lopez straightforward, concise and spontaneous. In fact, he added the witnesses positively identified both accused in court, as companions of Ramas during the said incident.
“Positive testimony prevails over the defense of alibi. Denials and alibi, unsubstantiated by clear and convincing evidence, are negative and self-serving, which deserve no weight in law and cannot be given evidentiary weight over the testimonies of credible witness who testified in affirmative matters,†the decision read. (FREEMAN)