But in what seemed to be a consolation, Quello eluded the death penalty after the judge downgraded the murder charge filed against him to homicide.
In his nine-page decision, Guerrero noted that the prosecution failed to prove treachery, an essential element that would qualify a crime as murder, after prosecution eyewitness Arlene Sarmineto-Nicdao admitted she did not see Quello actually stab the victim from behind. Moreover, the judge took into consideration Quello’s voluntary surrender to the police as a mitigating circumstance entitled to the accused.
Court records showed that the killing took place on Aug. 2 last year at around 6 a.m. inside the Pasay City Public Market on Taft Avenue.
Nicdao, a meat vendor at the said market, told the court that Datul and her cousin were ordering food at a market canteen when she saw Quello sneak from behind and draw out a 10-inch long knife from his back.
She said that becoming aware of Quello’s presence, Datul, 31, ran away but stumbled a few times. However, the victim was finally cornered by Quello, who repeatedly stabbed the victim in different parts of the body.
Autopsy reports showed Datul sustained five stab wounds at the back and contusions as results of his falls.
In his defense, Quello claimed that on the morning of the killing, Datul had mocked him about his (Datul) long-standing illicit affair with the live-in partner of the accused, Ailene Quelon.
Quello said this resulted to a fight between them. He claimed it was Datul who pulled out the knife and attacked him. While struggling for possession of the weapon, Quello said he saw Datul already stabbed in the stomach. – Nikko Dizon