SC affirms conviction of barangay captain, 3 sons for killing man

After 25 years, the Supreme Court finally affirmed the conviction of a former barangay captain and his three sons for conniving with each other in killing his kumpadre during a benefit dance in barangay Kabulakan, Sta. Catalina, Negros Oriental, in 1981.

The SC's second division ruled that there was no valid reason to reverse the ruling of the Court of Appeals that affirmed also, albeit with less modification, the decision of the Regional Trial Court over the case.

The RTC convicted Marcial Sienes, and his sons Benito, Rico and Roger -all residents of barangay Kabulakan- for the murder of Felipe dela Cruz Sr. on May 15, 1981.

The High Court rejected the self-defense argument of the four convicts because court records showed that it was not the victim who started the fight.

The prosecution witnesses testified at the RTC that the fight started when Dela Cruz, during the dance, grabbed the microphone and announced that the next music would be for a special dance for some people.

Marcial, then the barangay captain, approached Dela Cruz, to recover the microphone from the latter to order to cut the requested music.

Marcial later punched dela Cruz in the face and then his three sons joined him in attacking the victim.

The medico-legal officer, who examined the victim's body, testified that dela Cruz sustained seven stab and hack wounds in different parts of the body.

The RTC eventually sentenced Marcial to 20 years in jail and 17 years in jail for each of his sons. The appellate court however reduced Marcial's sentence to 12 years, and his son's to eight years each.

Marcial tried to convince the SC to grant him the privilege of mitigating circumstance because he was the barangay captain at the time he killed Dela Cruz.

The SC denied this however and ruled that the victim did not commit any offense when he was killed thus the barangay captain's could not justify his act as valid in the performance of his duty. - Rene U. Borromeo