Andres Pude was convicted of the crime of homicide by Manila RTC Branch 27 Judge Teresa Soriaso after downgrading his original charge of murder.
Soriaso considered the absence of the qualifying circumstances of treachery and premeditation in sentencing Pude for the lesser offense.
Based on the seven-page decision of Soriaso, the incident happened at about 3 p.m. of Jan. 12, 1996 along Parcel street in Sta. Mesa, Manila while the victim, Rufino Montano and the accused, along with several other men, were drinking gin. The victim was stabbed with an ice pick about seven times in the chest, some of them piercing his heart.
At least two witnesses, testified to the killing, both identifying Pude as the assailant. The motive for the attack could not be determined as none of the other men drinking testified in court.
Witnesses said a commotion had earlier broke out and both the victim and accused were pacified. One witness overheard one of the men drinking advising the victim to just go home and avoid the ire of Pude.
It was reportedly after Montano had walked away that Pude suddenly chased him and stabbed him repeatedly. Montano lived for two more days at the Philippine General Hospital. – Jose Aravilla