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CA AFFIRMS CONVICTION OF FORMER ISABELA MAYOR FOR FRUSTRATED MURDER
by Mike Frialde
The Philippine STAR
May 06, 2007
The Court of Appeals has affirmed the conviction for frustrated murder of former Santiago City, Isabela mayor Jose Miranda and three of his bodyguards in connection with the shooting of a brother of former senator Heherson Alvarez 16 years ago.
In a 19-page decision penned by Associate Justice Edgardo Cruz, the CA’s Special Eleventh Division also modified the sentence imposed against Miranda and his bodyguards – Manasis Serenio, Dante Bolos and Pempe Casabar – from 12 years to 15 years imprisonment, after finding evident premeditation in the incident.
The Quezon City Regional Trial Court (RTC) Branch 220, had convicted Miranda and his bodyguards of frustrated murder after they were found guilty of shooting Reward Alvarez at the back of Jardin Restaurant and Folk House in Santiago City on July 8, 1991.
The case was initially tried at the Santiago City RTC Branch 36, but the venue of the trial was subsequently transferred to Quezon City.
In its ruling, the CA gave weight to the witnesses’ testimonies that Miranda was the gunman. It rejected the assertion of Miranda and his bodyguards that there were inconsistencies in the testimonies.
"Consequently, there can be no doubt that Miranda was the triggerman. The prosecution witnesses were sure and remained steadfast in their statement that Miranda shot Reward from behind.
"Such testimony of witnesses, who had shown no ill motive to falsely testify against appellants, is worthy of full faith and credit," the CA said.
The Appellate Court also considered Alvarez’s utterance, heard by the doctor who had attended to him shortly after he was shot, identifying the former mayor as the one who had shot him.
A paraffin test on Miranda also showed him to be positive for nitrates. The CA said that was "corroborative evidence of his guilt."
The CA also said Miranda’s bodyguards had conspired with him to shoot Alvarez, since Bolos and Casabar held Alvarez’s arms inside the restaurant. Serenio, meanwhile, who was in front of Alvarez, drew his gun and pointed it at Alvarez.
Miranda and his bodyguards had contended that the shooting of Alvarez was accidental. They said they went to the Jardin Restaurant because they heard that Alvarez was creating trouble.
According to them, when Miranda and Alvarez went to a corner to talk, the former mayor asked Alvarez to surrender the gun, but the latter refused.
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