Judge Generosa Labra of Regional Trial Court Branch 23 found Ramon Ocampo Sr. guilty of slight physical injuries for hitting Ronilo Catalan with the wheel spokes or "rayos" of a "tartanilla" on January 3, 2002 in sitio Tabucanal, Pardo.
Ocampo was originally charged with attempted murder but Labra said the prosecution failed to prove that Ocampo really had the intention to kill the victim, ruling that the accused would have used other lethal weapons instead of the spoke that was made of wood.
"Clearly the means and method employed by the accused negates the intention to kill," Labra said.
Catalan had claimed he was with his mother buying cigarettes and laundry soap at a store when the accused struck him with the spoke. He said he collapsed on the road after he was hit in the head.
Catalan's mother, Francisca, told the court that Ocampo, after hitting her son, shouted: "Mopatay ko og tawo."
The victim said he was afraid of Ocampo because the suspect is allegedly a known troublemaker in their neighborhood.
But Ocampo denied hitting Catalan, claiming the victim suffered an injury after he fell to ground when they grappled for a plastic bag containing rugby.
Ocampo claimed that the victim was sniffing rugby with his son, Ramon Ocampo Jr., prompting him to get the rugby and surrendered it to their neighbor, a policeman.
However, the court still found Ocampo guilty of slight physical injuries saying his intention was really to inflict injury upon the victim. - Fred P. Languido