Court finds man guilty for killing neighbor

CEBU, Philippines - The Regional Trial Court has convicted a man for murder in the death of his neighbor more than 10 years ago.

 Judge Gilbert Moises of Branch 18 held Michael Gumban, one of the accused in the killing of Solomon Garbo, Jr. in 2005, guilty beyond reasonable doubt of the crime charge.

 “The court is convinced that Michael Gumban, in conspiracy with the other accused, committed the crime of murder with the qualifying circumstance of treachery,” read the decision.

 Moises sentenced Gumban to 20 to 40 years in prison and ordered him to pay the heirs of the victim P170,000 as death indemnity, moral damages, exemplary damages and temperate damages.

 Aurora Garbo, 64, a resident of Villagonzalo I, Tejero, Cebu City, alleged that on November 20, 2005 at about 7:15 p.m., her son was killed by Gumban, Angelito Araneta, Manuel Araneta, Arwin Englis, Darwin Mondejar and Dennis dela Cruz.

 Angelito, Englis, Mondejar and dela Cruz are still at large while Manuel was acquitted of the crime.

 Aurora alleged that while her son was sitting and texting with his phone, Gumban, armed with a steel pipe, struck his son on the right face while Angelito then stabbed her son.

 After the incident, Aurora said all the accused ran away.

 Gumban denied the allegation, saying when the incident happened he was in Minglanilla working at Deca Homes Subdivision as a construction worker.

 He learned of the stabbing and was included as a suspect on November 26.

 With the foregoing facts, Moises ruled in favor of the prosecution, saying the testimony of Aurora was clear and unequivocal.

Moises said the denial of Gumban cannot overcome the positive testimony of Aurora since he did not present any evidence that would corroborate his claim.

“…the court can take judicial notice that Minglanilla, Cebu where the accused claimed he was at that time of the incident is only about 12 kilometers from the crime scene and may be traveled in less than hour. Hence, it was not impossible for him to be at the locus criminis (place of the crime) at the time the crime was committed,” read the decision. (FREEMAN)