SC affirms conviction of man for killing co-vendor

CEBU, Philippines — The Supreme Court (SC) has affirmed the conviction of a man accused of killing his co-vendor over a garbage issue.

The SC, however, downgraded the crime to homicide from murder.

Associate Justice Samuel Martires of the third division found no treachery that would qualify the killing as murder against Nestor Caliao, contrary to the rulings of the lower courts.

"Bearing in mind that the qualifying circumstance of treachery must be indubitably proven as the crime itself, the court finds that it was not sufficiently proven in this case," read the decision.

The SC said treachery exists when the prosecution has sufficiently established the concurrence of the following elements: the accused employed means of execution that gave the person attacked no opportunity to defend himself to retaliate and the means of execution was deliberate or consciously adopted, which were not sufficiently proven.

Caliao was sentenced to suffer imprisonment of eight years and one day to 14 years, eight months, and one day and ordered to pay P100,000 as damages to the heirs of the victim.

In 2014, Caliao was convicted by the Regional Trial Court Branch 18 in Cebu City of murder for allegedly killing William Fuentes on April 25, 2004.

Virginia Fuentes, the wife of the victim, alleged that William and Caliao had an altercation a day before the killing after the latter placed a garbage bag beside their store.

William allegedly confronted Caliao, but the latter got mad and tried to hit William with a pipe.

Virginia said her husband got a piece of wood to get his revenge, but she stopped him.

On April 25, while William was approaching his stall inside the Taboan Public Market in Cebu City, Caliao suddenly appeared and stabbed the former to death.

Caliao, however, claimed self-defense in stabbing William.

Caliao alleged that while he was preparing puso (hanging rice) for delivery, William suddenly appeared and poured kerosene into the puso and struck him with an iron pipe.

This prompted Caliao to get a kitchen knife and hit William.

Caliao also denied that he had a prior confrontation with the victim the night before the incident.

"Here, there is no showing that the accused-movant consciously adopted the sudden attack to facilitate the penetration of the killing. In fact, it was done in a public market, in the afternoon, with the victim's family and other vendors nearby who could have foiled accused-appellant's actions," read the SC decision. (FREEMAN)