CA denies appeal of man found guilty of homicide
Mylen P. Manto (The Freeman) - May 28, 2014 - 12:00am

CEBU, Philippines - The Court of Appeals has denied the appeal filed by a former security guard who was convicted for homicide.

The CA decision, penned by Associate Justice Maria Elisa Sempio Diy, affirmed the conviction of Leonides Canillo over the killing of Julito Marata.

Marata was with several other people collecting scrap metals at the compound of a mining company in Toledo City when he was shot by Canillo.

“After carefully reviewing the records of the case, this Court finds no reason to depart from the findings of the lower court. It should be emphasized that the trial court convicted accused-appellant as he was positively identified as the author of the crime charged,” the CA said in a 16-page penned decision.

The court sentenced Canillo up to 14 years in jail and ordered him to pay the heirs of the victim P125,000 in damages, plus six percent interest in all damages per annum.

The incident happened on April 19, 1992 at around 10 a.m. in Daanlungsod, Toledo City.

According to the prosecution, the victim together with Rodrigo Ripdos and several others were collecting scrap metals within the compound of a mining company when Canillo arrived armed with a M14 rifle.

The witnesses said that Canillo ordered them to leave the compound. But while the group was about to leave, a gunshot was fired hitting Marata in the head.

The victim was brought to the hospital where he was declared dead on arrival.

For his defense, Canillo said he heard a gunshot coming from the group.

But after his conviction by the lower court, Canillo then filed an appeal before the CA.

The CA, however, found out that Canillo’s appeal was bereft of merit, saying that the trial court was correct in finding him guilty of the crime.

“It should be emphasized that the trial court convicted accused-appellant as he was positively identified as the author of the crime charged. The testimonies of Ripdos and Rodulfo Daclan are substantially consistent with each other on material and relevant points. The two eyewitnesses saw the actual shooting of the victim and both positively identified accused-appellant as the person who killed the deceased,” the CA decision reads.— (FREEMAN)

ASSOCIATE JUSTICE MARIA ELISA SEMPIO DIY CANILLO COURT COURT OF APPEALS JULITO MARATA LEONIDES CANILLO MARATA RIPDOS AND RODULFO DACLAN RODRIGO RIPDOS TOLEDO CITY
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