Conviction of man guilty of killing father-in-law upheld

CEBU, Philippines -  The Court of Appeals has upheld the decision of the Regional Trial Court in Cebu City, which found a resident of Carcar City guilty for killing his father-in-law in 2007.

Romel Yares was accused of killing Democrito Ansos on June 12, 2006 in Sitio Mahayahay, Barangay Liburon in Carcar, by shooting him while the victim was watching television in his living room.

When arraigned in November 2006, Yares pleaded not guilty to the charge.

According to Ansos' daughter, Jacqueline, the victim and the suspect figured in an altercation before the shooting.

Ansos sustained a gunshot wound to the chest which caused his instantaneous death.

During trial, Yares denied committing the crime, saying he was at his house in Magsipit, Canasuhan, Carcar at that time of the incident rocking the hammock of his child. He, however, admitted hearing an explosion from across their house at the time Ansos was shot. 

On September 2, 2010, the lower court found Yares guilty beyond reasonable doubt of murder with treachery.

In his appeal before the CA, Yares said the trial court erred in its judgment, as there was only one witness, Jacqueline, who claimed seeing the crime and no one corroborated his statement. He said prosecutors failed to prove that he was in possession of the gun used in killing Ansos.

The appellate court, however, said Yares' argument "does not hold water."

"In the case of People versus Agcanas, the Supreme Court has held that the actual firearm itself need not be presented if its existence can be proved by the testimonies of witnesses or by other evidence presented. In the instant case, the lone eyewitness testified that she saw appellant-appellant shoot the victim with a gun," the CA's decision reads.

"The non-identification or non-presentation of the weapon used is not fatal to the prosecution's case where the accused was positively identified," the decision reads further.

Yares also claimed that he had no motive in killing his father-in-law, but the CA said in the crime of murder, "motive is not an element of the offense."

"Motive becomes material only when the evidence is circumstantial or inconclusive, and there is some doubt on whether a crime has been committed or whether the accused-appellant has committed it. Indeed, motive is totally irrelevant when ample direct evidence sustains the culpability of the accused-appellant beyond reasonable doubt," the appellate court said.

The appellate court did not only reaffirm the RTC's decision, it also increased the amount of damages. As for the civil indemnity, the amount of P50,000 was increased to P75,000. The court also awarded moral damages of P50,000 in view of the victim's death, which caused grief to his family.

The appellate court also awarded the heirs of the victim exemplary damages of P30,000, in view of the proven qualifying circumstance of treachery, as committed by Yares.

The decision was penned by Associate Justice Maria Elisa Sempio Diy and concurred to by Associate Justices Edgardo delos Santos and Pamela Ann Abella Maxino.  (FREEMAN)