Man gets life term for murder

CEBU, Philippines - The Regional Trial Court has convicted a man for killing another man inside the Taboan Public Market, Cebu City in 2004.

Judge Gilbert Moises of Branch 18 found Nestor “Tony” Caliao guilty beyond reasonable doubt for murder despite his defenses that stabbing William Fuentes using a kitchen knife was a self-defense.

“In fine, self-defense cannot be justifiably appreciated when uncorroborated by independent and competent evidence or when it is extremely doubtful by itself,” the decision read.

“Finally, flight of the accused to Leyte to avoid being arrested further creates doubt to his story. It is settled that flight evidences guilt and a guilty conscience or strongly indicates a guilty mind, or betrays the existence of a guilty conscience,” the decision further read.

Moises sentenced Caliao to suffer the penalty of reclusion perpetua or 20 to 40 years of imprisonment and ordered him to pay the heirs of the victim P50,000 in civil indemnity, P30,000 in moral damages, P25,000 in temperate damages and P25,000 as exemplary damages.

The incident happened on April 25, 2004.

Virginia Fuentes, wife of the victim, said she was inside their store at Taboan Public Market when her husband came and said that he was stabbed by Caliao. The victim was taken to the hospital but he died the following day.

During cross-examination, Virginia claimed that her husband and the accused had a misunderstanding over garbage that the latter allegedly placed beside their store.

William allegedly confronted Caliao about this, but the latter got angry and challenged him to a fistfight.

The victim’s son Junnel, who was 12 years old at the time of the incident, said he was outside their store when his father told him he would go to the comfort room and would wake his mother up.

However, Junnel said before his father was about to approach his mother, Caliao suddenly appeared and stabbed his father hitting his abdomen.

The accused tried to stab William again but the victim was able to get hold of an electric fan which he used to parry the thrusts.

Maximo Largo and Ricardo Tesorio, who were in the area, corroborated Virginia and Junnel’s testimonies.

Caliao denied the charges filed against him. He said that while he was preparing 1,000 hanging rice for delivery, William came and allegedly poured kerosene on them.

William then allegedly took an iron pipe from his back and struck him. Caliao said he saw a kitchen knife and stab the victim.

Because he knew that the victim has a relative who is a member of the Philippine National Police, he decided to go home to Leyte and stayed for more than six years there.

Moises, nevertheless, ruled in favor of the victim, saying that the court cannot give credence to the defenses of the accused due to insufficiency of evidence. (FREEMAN)