Killers of ex-mayor, son get 80-year prison term

CEBU, Philippines- A policeman and his cohort, accused in the twin murder of a former mayor in Leyte and his son, were sentenced to suffer 80-year imprisonment.

Regional Trial Court Branch 18 Judge Gilbert Moises found Police Officer 1 Roque Marsan F. Bisnar and cohort Neddy Polistico guilty for the Roy Jumao-as, Sr. and Jake Jumao-as twin murder in March 2004.

Moises meted the two the penalty of reclusion perpetua or 40 years imprisonment for each count of murder, which means that for the two counts they will suffer a total of 80 years in prison.

In a 12-page decision promulgated yesterday, Moises also ordered Bisnar and Polistico to pay the heirs of the victims in the total amount of P150, 000 as civil indemnity; P100,000 as moral damages; P50, 000 as exemplary damages; and P50,000 as temperate damages.

Former Hindang Mayor Roy Jumao-as, Sr. and his son Jake were killed in March 4, 2004 at about 5:30 p.m. on D. Jakosalem St., Cebu City.

Bisnar and Polistico were positively identified to be the assailants. They both denied the charges.

Bisnar claimed that he was in Mandaue City when the shooting incident happened. Bisnar said he was on duty at the Subangdaku Police Station when Jumao-as and his son were killed. Polistico on the other hand said he was just in the house doing some carpentry works when he was arrested by the police.

Narcisa Jumao-as, Roy’s wife, however testified that prior to the shooting of her husband and her son she already noticed Bisnar twice.

She said there was even a time that Bisnar offered a drink to her husband. Another prosecution witness, Bernaditha Andrino, 65, said she saw the killers and pointed to the two accused.

A 10-year-old witness likewise positively identified Bisnar as the gunman she saw hurriedly left the crime scene.

The court ruled that these witnesses were not known to the accused prior to the shooting incident and have no ill feelings against them.

“Hence, the court believes that these witnesses were not impelled by any other motive except to tell the truth,” Moises said in his decision.

According to the court, even if the prosecution failed to prove evident premeditation, the presence of one aggravating circumstance qualifies the crime to murder.

“Verily, the prosecution, through the solid, categorical and logical narrations of its witnesses was able to overcome the accused’ constitutional presumption of innocence by establishing their guilt beyond reasonable doubt,” the decision reads.