Judge Rodolfo Ponferrada of Regional Trial Court Branch 41 found Jose Baltazar Eraldo, 32, of 34 Ortigas St., Tonsuya, Malabon guilty of robbery with homicide.
Ponferrada also ordered Eraldo to indemnify the heirs of the victim Bienvenido Tumada, the sum of P300,576 for moral, actual and exemplary damages.
Members of the Crusade Against Violence (CAV), who witnessed the promulgated said they were thankful for Ponferrada’s resolution of the case. The CAV also cited the effort of Prosecutor Antonio Rebacay for helping victim’s relatives in getting justice.
In convicting Eraldo, Ponferrada gave greater weight to statements of witness Ma. Teresa Buenaflor, Eraldo’s girlfriend, who testified that her boyfriend robbed and killed Tumada on Oct. 17, 1997.
Buenaflor told the court that they flagged down Tumada’s taxi in Monumento, Caloocan City and ordered him to proceed to Padre Faura in Manila supposedly to fetch her brother.
When the girl’s brother boarded the taxi cab, Eraldo ordered Tumada to stop and announced the heist at knife point. The victim reportedly tried to fight back, prompting Eraldo to stab him repeatedly.
Throwing the bleeding Tumada overboard, Buenaflor said they drove the taxi cab to Olongapo City where they later abandoned the vehicle.
For his part, Eraldo denied the charges, saying it was Buenaflor’s brother who killed the victim.
According to Judge Ponferrada, the contention of Eraldo appeared to be an after-thought to extricate himself from the charges.
"The court found the evidence adduced sufficient to prove beyond reasonable doubt the guilt of Eraldo," Ponferrada said in his six-page decision. – Cecille Suerte Felipe