Former policeman appeals conviction

CEBU, Philippines – More than two years after the court convicted him for killing then Bantay Dagat director Jojo Dela Victoria, former policeman Marcial Ocampo has asked the Court of Appeals to reverse the decision of the Regional Trial Court, saying he is innocent of the crime.

Ocampo was sentenced to life imprisonment last September 19, 2006 for killing Dela Victoria outside his home in barangay San Roque, Talisay City on April 12, 2006.

Through a speedy trial that only lasted for several months, RTC Judge Ireneo Gako also ordered Ocampo to pay the victim’s family P900,000 to P500,000 in moral damages, P300,000 in exemplary damages, and P100,000 in civil indemnity.   Ocampo through his counsel lawyer Hector Fernandez said that the court erred in convicting him of the crime.

He said that he was “arrested without the benefit of a warrant” five days after the shooting of Dela Victoria which is in violation of his constitutional right to due process of law.

According to Fernandez, the arrest and detention of his client is not in accordance with, but in violation of Section 5, Rule 113 of the Rules of Court, which enumerates specific instances where an arrest without a warrant can be justified.

Ocampo’s lawyer also said that the RTC erred in giving credence to the testimony of prosecution witness Joselito Gerali that the victim was shot at close range as against the physical evidence showing the absence of powder burns or tattooing on wounds of Dela Victoria as well as bullet marks on the wall of the terrace of the victim’s house and other bullet holes at the higher portion of the wall fronting the gate which undoubtedly indicated wild shots.

As claimed by prosecution witnesses brothers Joselito and Winston Gerali, Evan Echavez and Roberto Goc-ong, Ocampo shot at close range dela Victoria at around 3:30 p.m. of April 12, 2006. — Jasmin R. Uy/WAB (THE FREEMAN)