CEBU, Philippines - The Court of Appeals’ 18th division has affirmed the conviction of a man for killing a police officer and a police informant in 2003 along Tres de Abril Street, Cebu City.
Associate Justice Maria Elisa Sempio Diy said she did not find evidence that would warrant the reversal of the trial court’s decision to convict Laurencio Gensis for two counts of murder.
“Based on the account of the prosecution’s lone eyewitness, there is no doubt that treachery was present in this case,†the decision read.
The incident happened on February 19, 2003 at 12:20 p.m. According to Sorronda’s live-in partner Rebecca Betonta, the victims were watching television when Gensis suddenly entered their house, and without any provocation, fired at them.
Betonta said that upon seeing Gensis aimed his firearm at her live-in partner, she pleaded not to shoot him.
The accused denied the accusations, saying that he was in Manila working on the said date and time. He claimed to have been employed as a driver of a ten-wheeler truck owned by JB Passion Trucking.
He said they lived in Alaska, Mambaling, Cebu City but in 1996, he and his family decided to move to Manila due to livelihood problem. His testimonies were corroborated by his wife.
After the trial court convicted and sentenced Gensis to suffer imprisonment for reclusion perpetua, he appealed his case, claiming that the prosecution failed to prove his guilt beyond reasonable doubt.
Diy said the argument of Gensis that he was in Manila does not “hold water.â€
“In this case, the trial court was correct when it took judicial notice that a plane travel from Manila to Cebu takes only an hour more or less. Thus, it negated the fact of impossibility for the accused-appellant to be in Cebu on February 19, 2003,†the decision reads.
The CA ordered Gensis to pay the heirs of SPO2 Lucero P75,000 as indemnity for his death, P50,000 as moral damages, P25,000 as temperate damages in lieu of actual damages, and P30,000 as exemplary damages.
For the heirs of Sorronda, Gensis was ordered to pay P75,000 as indemnity for his death, P50,000 as moral damages, and P30,000 as exemplary damages.
Gensis was also ordered to pay the heirs of the victims the interest of all damages awarded at six percent per annum from the date of finality of judgment until awards shall have been fully paid. —/NSA (FREEMAN)