SC junks plea reversing conviction for homicide

The Supreme Court has rejected the petition of a Boholano and his father to reverse the decisions of the Regional Trial Court and later of the Court of Appeals that convicted them for the death of a man they beat up in an incident 11 years ago.

The High Tribunal's third division, chaired by Associate Justice Leonardo Quisumbing, ruled that there are no valid grounds to overturn the lower courts' ruling that found Julito Operiano and his father, Justino, guilty of homicide.

Julito and Justino were indicted for the death of Alberto Penales who they beat up on the evening of December 8, 1995.

Witnesses said Justino punched Penales on the face, then Julito followed it up by kicking the victim on the stomach causing the latter to fall and, as a result, hit his head on the pavement.

Penales died days after he was taken to a hospital in Tagbilaran City.

Homicide charges were filed against Justino and Julito and eventually the RTC sentenced them to suffer the indeterminate penalty of six- to ten-year imprisonment.

The convicts elevated the case to the Court of Appeals, which in turn modified the RTC decision and increased the penalty instead from six to 12-year imprisonment.

According to the Supreme Court, the kicking of the victim by Julito was the first and immediate act that produced the injury and set the other events in motion in a continuous chain of events leading to the victim's death. - Rene U. Borromeo