Rob-slay of nursing student: 2 get life terms, 1 is acquitted

CEBU, Philippines - Two of the three accused in the robbery and killing of a graduating nursing student two years ago were sentenced to life in jail late yesterday afternoon.

Regional Trial Court Judge Ramon Daomilas of Branch 11 sentenced Aivan Barabat and Mark Anthony Gabriel to reclusion perpetua for the death of Ruby Jade Ruba, who was weeks away from graduating from the Cebu Doctors University when she was killed in a robbery attempt.

In a 42-page decision, the judge also ordered the two to indemnify the heirs of the victim the amount of P75,000 as civil indemnity for the death, P75,000 for moral damages, P75,000 for exemplary damages and P247,800 for the funeral expenses.

A third suspect, Karl Marx Carticiano, who was allegedly an accomplice of the two, was acquitted after the prosecution failed to prove his guilt beyond reasonable doubt.

“There is positive identification on Barabat as the gunman. In the case of Gabriel, video footage indicates his admission. In the eyes of the court, there is a cloud of doubt as to accused Carticiano,” decision read. 

Judge Daomilas convicted Barabat and Gabriel after they were positively identified by the witness.

“The court in the evaluation of the video footage noted that it was because of the shout of the victim that prompted Barabat to shoot her. On the other hand, Gabriel admitted that it is like they just had a trip.”

Daomilas stated that the admission of Barabat and Gabriel made openly before the media can be given credence. While the police were the one who called for the press conference.

“There was no showing that the media was controlled by the police in terms in questions asked.”

The incident happened at Gov. M. Roa St., barangay Capitol Site on March 6, 2008.

A witness tagged the Barabat and Gabriel as the two men he saw after he heard a girl shout for help.

Carticiano, on the other hand, claimed that he was not at the scene when the crime happened as he was in their barangay hall playing computer games.

While the judge found sufficient evidence to convict Barabat and Gabriel, there was a cloud of doubt on the participation of Carticiano, thus the acquittal.

Vicente Ruba, father of the victim, said that he was happy and satisfied with the decision.

Ruby Jade was outside the apartment rented by her classmate when the crime took place. She was sending a text message to her classmate to borrow an adaptor for a laptop computer as she was working on a case study, which was one of the requirements for graduation.

It was at this point when two men on board a red motorcycle arrived and declared a hold up.

Ruba and her companion scampered for safety, but one of the robbers fired his gun hitting the former on the chest, which caused her death.

The cellular phone was also taken.

The Rubas are from Macrohon, Southern Leyte.

Lawyer Noel Archival, who is the counsel of Barabat, said that they will file a motion for reconsideration.

He said, “we have read carefully the decision and found out that the judge studied the facts and the law that led to the conviction of our client, however, the court erred in applying the law on the admissibility of tape recording and extra-judicial confession of Barabat.

“In convicting the accused, there are now two victims — the accused and the relatives of the accused – while the real culprit is now free forever.”

During the investigation of City Asst. Prosecutor Liceria Rabillas, Barabat and Gabriel admitted the charges of robbery with homicide.

Then, they were assisted by lawyer Aquilino Felicitas, who is a consultant of the city government.

The judge said that the extra-judicial confession of an accused, who is assisted by a municipal attorney during custodial investigation, is not admissible in evidence.

But, the judge gave credence to the footage taken by the media where the two accused admitted to their guilt. — with Niña G. Sumacot/NLQ (FREEMAN NEWS)