CEBU – The Supreme Court has upheld the decision of a Cebu-based trial court that convicted a resident of San Fernando town of homicide and sentenced him to 14 years imprisonment for the shooting to death of a barangay tanod 28 years ago.
The High Tribunal’s third division headed by Justice Consuelo Ynares-Santiago has ruled to deny the petition filed by Edgar Gerasta who asked the Supreme Court to reverse the decision of the trial court that convicted him of homicide for the death of Deogracias Rendal.
Gerasta’s claim that he killed Rendal out of self-defense was rejected by the justices because the records showed that he was at the window of his house when he first shot the victim who at that time was just standing by the roadside in front of his house.
There were also some witnesses who claimed that Rendal was challenging Gerasta to a fight that may have prompted the latter to shoot him, but the Supreme Court said such act will not constitute an unlawful aggression that will warrant shooting him.
“Unlawful aggression on the part of the victim was totally absent. Granting arguendo that the victim shouted and challenged Edgar to a fight, such act would not have constituted unlawful aggression so as to justify Edgar’s taking away the victim’s life. First, the victim was unarmed. How could he possibly inflict any harm on Edgar who was armed with a gun?” said Justice Minita Chico-Nazario, the writer of the decision.
Officials of the PNP-Firearms and Explosives Division said even the police are discouraged from using their guns, unless their lives are already in danger.
The witnesses said that while the victim was already lying on the ground, Gerasta still fired another shot, this time hitting Rendal’s head that according to the medico-legal officer it was the cause of the victim’s death.
Gerasta’s defense was that the drunk tanod, armed with a firearm, went up to his house after challenging him to a fight. Later, the two of them were already wrestling for the possession of the gun that accidentally went off, hitting Rendal twice.
But the prosecution witnesses testified in court that after Gerasta shot the victim a second time, the latter and his brother helped with each other and carried the wounded victim to the stairway of Gerasta’s house, then dropped him downstairs.
The justices said the nature and the number of injuries suffered by the victim makes Gerasta’s defense highly improbable.
“If indeed they were wresting control of the gun, it defies logic why the victim suffered one gunshot wound in the head and another in the thigh,” the SC ruling reads.
It was not shown in the records of the case if Gerasta had put up a bail bond pending the finality of the decision of his case that took place on March 9, 1980. — Rene U. Borromeo/BRP (THE FREEMAN)