CEBU, Philippines - Regional Trial Court Judge Ester Veloso of Branch 6 convicted a man after finding him guilty beyond reasonable doubt for the death of his cousin in 2008.
Veloso, in her 19-page decision, sentenced Joseph Calunsag to suffer the penalty of eight years and one day to 14 years, eight months and one day imprisonment.
“No one saw the accused actually strangling the herein victim. Nevertheless, circumstantial evidence points to no one else but the accused as the one responsible for his death,” the decision reads.
Veloso pointed out that the testimony of expert witness Dr. Rene Cam of the National Bureau of Investigation (NBI) revealed that the physical evidence showed the victim, Paul Roger Villaruel, did not commit suicide but was strangled to death.
The victim’s sister, Jesalyn, in her testimony, said that after their parents died due to the sinking of the MV Princess of the Stars, the accused left Zamboanga del Norte and went to Cebu to accompany Paul.
She said it was the accused who informed her on October 12, 2008, that her brother committed suicide in their parents’ room. She went to San Jose Village, Lawa-an III, Talisay City, and found her brother lying motionless in the living room.
Jesalyn said the accused asked her forgiveness as he went asleep and failed to watch her brother. Prior to the incident, Jesalyn said the accused told her that they were having a drinking spree and slept at 3:00 a.m.
She said she wondered how her brother hung himself if he was indeed drunk.
During the investigation, Jesalyn said the accused was asked by the policemen where the victim committed suicide and he answered that it was in the bodega.
She added that though their family was saddened by their parents’ death, they were able to accept it.
PO2 Lino Diez said that together with PO1 Edwin Carbonquillo, they responded to a suicide alarm.
Based on their investigation, they found out that it was not suicide but “more of foul play” as the blanket used by the victim in allegedly strangling himself cannot cause injury to his neck.
They then arrested the accused.
Cam, in his testimony, said that based on his examination he found out that the lungs of the victim showed “petichial hemorrhages” which means that there was less oxygen supply.
He concluded that the victim died of asphyxia by strangulation and not asphyxia by hanging.
“If the victim had committed suicide, the ligature mark would have been located much higher, up to the back portion of the ears. In this case, the ligature mark was up to the sides of the neck, which meant the constricting force was not the weight of the body,” he explained.
For the defense, the accused denied the allegation filed against him. He said he moved to Cebu because he pitied his cousin Paul who was deeply affected by his parents’ death during the sinking of the Princess of the Stars in Sibuyan Island in 2008.
He said he always accompanied the victim wherever he went. He added that one time he saw the victim crying in front of the altar and talking to his parents saying that it’s difficult for him not to have them around.
On October 11, 2008, he said they went to a videoke bar together with the victim’s friends to drink.
Thereafter, he said they went home and slept. He said he went to his room and when he woke up at 7:00 in the morning, he found Paul in the stockroom.
He said he saw a curtain around the victim’s neck who was hanging. He said he even told the victim not to joke but when he touched the victim, the latter was already dead. He then called for help.
Veloso, in his decision, stated that the accused was charged for murder but the prosecution failed to prove its element and downgraded the case to homicide.
“The motive of the killing has not been clearly established and remains one of the mysteries behind the death of the victim. Thus, the accused can only be held criminally liable for the crime of homicide,” decision reads.
Veloso added the defense failed to negate the testimony of Cam as to the cause of the victim’s death. (FREEMAN)