SC saves road rage killer from death row

The Supreme Court, through an 11-4 vote, upheld the conviction of a real estate developer who shot dead a pregnant woman in the 1998 All Souls’ Day road rage incident. But the High Court reduced his penalty from a death sentence to a 14 year-prison term.

Penned by Justice Minerva Gonzaga-Reyes, the High Tribunal held that Inocencio Gonzales Jr., former aide of Rizal ex-Rep. Emigdio Tanjuatco, should only be liable for homicide, and not murder, of victim Feliber Andres. The death sentence was handed down by a Marikina court.

"Treachery is never presumed. It is required that the manner of attack must be shown to have been attended by treachery as conclusively as the crime itself," Gonzaga-Reyes wrote in her 30-page decision.

But the P3.8 million payment for moral damages was sustained by the High Court. Gonzales was ordered to pay the amount to Andres’ husband Noel, children John Kenneth, 5, Maria Clarisse (the baby who survived), and nephew Kevin Valdez.

"We affirm the recommendation of the Solicitor General that the (Oct. 31, 1998) shooting was not attended by treachery and accordingly the crime committed for the death of Andres is homicide not murder," the High Court ruled.

Gonzales, who was arrested by policemen after a brief chase, fired a shot towards the Tamaraw FX van driven by Noel. But the bullet missed Noel and hit his wife Feliber. Andres and Gonzales had an altercation over a parking space at the Loyola Memorial Park in Marikina.

The children – John Kenneth and his cousin Kevin – were also injured by the shooting. The former was hit in his left eye while the latter sustained injuries on his head near his cheek bone. Noel was not hurt.

"It has been consistently held that chance encounters, impulse killing or crimes committed at the spur of the moment or that were preceded by heated altercations are generally not attended by treachery for lack of opportunity of the accused to employ a treacherous mode of attack," Gonzaga-Reyes wrote.

She added: "Whether he (Gonzales) overreacted or he shot at Andres’ (Toyota FX) vehicle out of rage over Andres’ aggressive behavior, one thing appears clear to us, that the shooting was not done in cold blood."

Records, according to the ruling, showed that the prosecution failed to prove that Gonzales "deliberately employed the mode of attack to gain undue advantage over the intended nor the actual victim."

"The shooting was clearly a spur of the moment or impulsive decision made by the appellant preceded by a heated altercation at the instance of the private complainant," she said. "We find that the prosecution has not discharged its burden to show that the shooting was attended by treachery and we are convinced that the crime committed for the death of Andres is homicide."