CEBU, Philippines - For the prosecution’s failure to prove guilt beyond reasonable doubt, Regional Trial Court (RTC) Branch 23 presiding Judge Generosa Labra convicted a man for homicide instead of murder.
Labra said the prosecution failed to prove beyond reasonable doubt the “qualifying circumstances of treachery and evident premeditation.”
Christopher Cani was meted eight to 14 years imprisonment and was ordered to pay the heirs of the victim, Domingo Porillo, P50,000 for civil liability.
Cani pleaded not guilty upon arraignment.
The prosecution presented the victim’s brother, Emmanuel Porillo, a resident of Sitio Riverside, Barangay Lorega, San Miguel, who testified that on January 21, 2005 at 12:05 a.m. he was awakened by his neighbor informing him that his brother was shot at the back of their house.
Emmanuel said he saw his brother lying on the ground and when he approached, his brother told him that he was shot by Boning, referring to Christopher “Boning” Cani and Yong-yong referring to Jaime “Yong-yong” Villaceran.
He said his brother was gasping for breath but was declared dead on arrival at the hospital.
Cani denied the accusations in court and tagged Villaceran as the one who shot the victim but Judge Labra ruled that the denial of the accused was not acceptable.
“Witness Porillo who is the brother of the victim testified that the victim gave a dying declaration naming accused Cani and Villaceran as his assailants,” the decision reads.
Labra said the requisites of a “dying declaration” were present in the case which was declared admissible as evidence.
The paraffin test also revealed that the accused was found positive for the presence of gunpowder.
Labra added that the defense made by the accused cannot be given weight.
“Denial is an inherently weak defense which must be supported by strong evidence of non-culpability to merit credibility,” decision reads.
Meanwhile, Labra said other accused Villaceran will be prosecuted separately as soon as “procedural requirements” shall be complied. (FREEMAN)