3 siblings convicted for killing neighbor

CEBU, Philippines - Three siblings were convicted of homicide by the Regional Trial Court for killing their neighbor in 2009.

Judge Gilbert Moises of Regional Trial Court Branch 18 sentenced brothers Arnold, Jessie and Christopher Aro to imprisonment from eight years to 14 years.

“Wherefore, on the following considerations, judgment is hereby rendered finding the three accused guilty beyond reasonable doubt of the crime of homicide penalized under Article 249 of the Revised Penal Code,” the judgment reads.

Aside from imprisonment, Moises ordered the accused to pay the heirs of the victim, Victor Laborte, P50,000 as civil indemnity and P20,000 as temperate damages.

The three accused were arrested on December 15, 2009.

Prosecution witness Luisito Alba, a trisikad driver, said that on December 1, 2009 at around 8 p.m., while he was at the Pasil Fish Port having a drinking session with his friend, he heard four gun bursts.

He saw Christopher holding a gun and aimed it at Laborte but failed to hit the  victim.

Christopher struck Laborte’s nape and  while, the victim was on the ground,  Jessie, Arnold and Ernesto Aro, who remains at large, stabbed the victim using a knife and an ice pick.

Alba said the three  boarded a trisikad while Christopher ran home.

Laborte ran to the seawall and jumped into the sea where he died.

Alba’s statements were corroborated by Reynaldo Laborte, brother of the victim, and PO2 Lou Pagara.

 Arnold, a resident of Sea Port, Belgium St., denied the charges.

He said he went to Pasil Fish Port with his live-in partner to witness a Sinulog dance practice when Laborte stabbed him without any provocation.

He said he was rushed to the hospital and the scar in his body was proof of the attack.

Jessie also denied the charges. He said while he was sleeping at the Pasil Fish Port, Arnold’s live-in partner woke him up to tell him that his brother was stabbed.

While still lying, Laborte also stabbed him.

But Moises ruled to convict the three accused saying their statements were purely alibis.

“The doctrine consistently upheld by the court is that alibi cannot prevail over the positive identification of the accused as the perpetrator of the crime. It is inherently a weak defense and unless supported by clear and convincing evidence, it cannot prevail over the positive declaration of the eyewitnesses,” the judgment reads.

Moises added the testimony of Jessie does not deserve credence.

He said it was “incredible” for Jessie to continue to lie as if nothing happened to his brother.

“His action was not consistent with ordinary human nature,” he ruled. — (FREEMAN)