CEBU, Philippines - The Regional Trial Court sentenced yesterday to reclusion perpetua or 40 years imprisonment the accused in the 2005 killing of Pagadian City journalist Edgar Amoro.
Mohammad “Madix” Maulana was found guilty by RTC branch 6 Judge Ester Veloso of gunning down Amoro on the morning of February 2, 2005 in front of the Zamboanga del Sur National High School in Pagadian City. Amoro was a radio commentator for dxKP-Pagadian and an eyewitness to the 2002 killing of fellow journalist Edgar Damalerio.
Erlinda Amoro, victim's widow, was awarded by the court a total amount of P195,000 in civil indemnity, moral, exemplary and temperate damages.
Erlinda said she is happy of the court decision because justice is finally served.
The trial of the Amoro murder case, like that of the Damalerio case, was transferred here in Cebu City because of the threats to the security of the witnesses.
Veloso found the dying declaration of Amoro as relayed by his wife positively identifying Maulana as the one who shot him. Erlinda said they were supposed to go home together for lunch when her husband was shot, but the latter had stopped to get some food.
Erlinda said she went ahead but when she arrived home, her daughter's phone rang. She was surprised that her daughter shouted the name of her daddy.
Erlinda said she immediately went back to the school where she found her husband bloodied lying in front of the gate. According to Erlinda, her husband looked at her and said “Madix” referring to the man who shot him.
Erlinda's testimony was corroborated by the two eyewitnesses, PO2 Desiderio Pancho and barangay tanod Samuel Porsuelo, who positively identified the accused.
Pancho said he passed by at the crime scene on his way to the house of a fellow policeman to verify his relief order. Pancho said he saw Maulana and Norhan Ambol together with still unidentified companion shot Amoro.
Pancho said Ambol fired at him hitting his left thumb. According to Pancho, he did not report the incident at first for fear of his security but he was later challenged to file a case against Ambol when the Amoros filed the case. Another witness, Porsuelo, said he saw Maulana because he was then manning the traffic in front of the school. The accused denied the charges claiming it was physically impossible for him to be in Pagadian City during the time Amoro was shot because he was in Dinas attending the wedding of his younger sister.
He claimed Dinas is three hours drive away from Pagadian City. Maulana presented the marriage certificate but could not present a family picture of the wedding showing that he was indeed in the ceremony.
The defense argued that there was no positive identification of the accused because the latter's identity was allegedly volunteered, if not forced, by the authorities to the witnesses.
The alleged dying declaration could not also be given credence, according to the defense, because the victim instantly died after being shot.
However, Veloso ruled that the testimony of the widow regarding the alleged dying declaration of her husband passed all the requisites for it to be considered admissible as evidence.
The circumstances as narrated by Erlinda Amoro all point to the fact that the utterance of her husband Edgar Amoro qualified as dying declaration and is therefore “admissible,” the court ruled.
The defense however expressed their intention to appeal the decision before the Court of Appeals. Under the rules the accused also has 15 days to file a motion for reconsideration. – Fred P. Languido/MEEV (FREEMAN NEWS)