CEBU, Philippines - For killing a police asset, the Regional Trial Court found Rolando “Eboy” Flores guilty of homicide.
In his five-page order, RTC Judge Simeon Dumdum downgraded the case from murder to homicide after the evidence presented by the prosecution failed to establish the elements of murder.
Dumdum sentenced Flores to 12 years imprisonment. He also ordered him to pay P50,000 as death indemnity, P50,000 as moral damages and P58,890 as reimbursement of hospital, medical and funeral expenses to the family of the victim.
Prosecution witness PO1 Antonio Asoy Jr. said that while he was at the emergency room of the Vicente Sotto Memorial Medical Center (VSMMC) attending to his uncle, he saw the victim, Richardson Bangos in the room in a wheelchair.
Bangos was his neighbor in Basak, San Nicolas, Cebu City. Bangos was an asset of the Vice Control Squad of the PNP. When he approached Bangos and asked about his gunshot wound, Bangos reportedly told him that Flores had shot him. Bangos died eventually.
The defense presented Alex Lavistre and the accused. In his testimony, Lavistre said he both knew the accused and the victim.
He said he was tending to his store that also served as a videoke bar on March 23 where the victim was drinking with some companions. At around 11 p.m. he asked the group to go home but the victim reportedly asked to sing one more song.
“While operating the videoke, I heard a shot. When I turned around, I saw the companions of Richardson running away. Seeing that Richardson was wounded, I hailed a taxi and instructed the driver to bring to VSMMC,” he said.
He told the police that he never saw the accused in the area nor he reported the matter to the authorities.
Flores also denied the charges and said he only learned about the case when he was detained for illegal drugs.
In his decision, Dumdum gave weight to the testimony of Asoy.
“As regards the testimony of Asoy the court finds it consistent and without any bias or ill motivation. It was by coincidence that Asoy saw Richardson at the hospital, and his asking Richardson about his wound was the normal reaction of a concerned neighbor,” the decision reads.
Dumdum said the testimony of accused stating he was in his house during the incident was an alibi. (FREEMAN)