Killing of moneylender, Appellate court lowers penalty for policeman

CEBU, Philippines - The Court of Appeals has affirmed the conviction of a policeman who killed a moneylender and her staff in 2006.

The appellate court however downgraded the case and modified the penalties meted against SPO1 Mateo Yanson.

Associate Justice Gabriel Ingles downgraded Yanson’s conviction in the double murder of moneylender Pilar Hernandez and her staff Wivina Pancho to homicide. The penalty of two counts of reclusion perpetua or 40 to 80 years imprisonment was reduced to 20 years and two days minimum to 34 years and eight months maximum.

The P125,000 award for civil indemnity, moral and exemplary damages to each of the family of the victims was sustained.

“There is nothing in the records that would establish the manner by which the victims were attacked. No evidence was presented to demonstrate that treachery, abuse of superior strength and evident premeditation attended the killing of the victims,” the appellate court’s decision read.

Yanson was earlier sentenced by the Regional Trial Court to suffer two counts of reclusion perpetua after he was found guilty in the killing of Hernandez and Pancho on September 9, 2006 at 8:30 a.m.

Yanson was seen wearing a police shirt, camouflage shorts, shoes and I.D. in the victims’ office in the morning they were shot dead. Yanson left the office on board a multicab and proceeded to the pier area.

Yanson denied the charges. In his appeal, he pointed out that the lower erred in convicting him based on circumstantial evidence.

But Ingles said there was sufficient evidence to prove that he committed the crime.

“The lack of direct evidences does not ipso facto bar the finding of guilt against the appellant. As long as the prosecution establishes the appellant’s participation in the crime through credible and sufficient circumstantial evidence that leads to the inescapable conclusion that the appellant committed the imputed crime, the latter should be convicted,” the decision read.

— (FREEMAN)