RTC judge Ramon Codilla, in a one page order denying Wapille's motion, said that he did not find "compelling reason to reconsider" his decision meting the ex-policeman the penalty of life imprisonment for the murder of Damalerio four years ago.
Codilla said that the defense's arguments that the court failed to appreciate the testimony of their witnesses holds no water. He said the court considered all aspects of the case including all the testimonies of the witnesses presented.
According to the judge, the defense failed to refute the testimonies of prosecution witnesses Edgar Ongue and Damalerio's widow, Gemma.
Ongue told the court that before Damalerio was killed on May 13, 2002 he saw Wapille on board a motorcycle parked near the radio station where the victim was working. Gemma also testified that he saw Wapille in the hospital where her husband was rushed after he was shot.
"The decision convicting the accused was arrived at after a thorough review of the evidence," Codilla said.
Wapille, through his lawyers, earlier sought for the reconsideration of his conviction citing the alleged failure of the court to give weight to the testimonies of their witnesses.
Codilla, in his 12-page decision promulgated last November 17, found Wapille "guilty beyond reasonable doubt" for the crime of murder and sentenced him to reclusion perpetua. The judge also ordered that the former policeman pay a fine of P50,000 as civil indemnity, P50,000 as moral damages, and P25,000 as exemplary damages. - Fred P. Languido