Wednesday, September 12, 2007
CA reverses lower court's ruling, clears former policeman Alcover
THE appellate court has reversed a lower court ruling that convicted a former policeman for the death of a man he and three others allegedly beat up seven years ago for ramming a trisikad driver in Carcar, Cebu.
In a 16-page ruling penned by Associate Justice Prescilla Baltazar-Padilla for the 19th Division, based in Cebu City, the appellate court ruled that the prosecution “failed to prove conspiracy when the killing incident happened.”
The court instead pinned the blame on one of Jonathan Alcover’s co-respondent, Manolito Aleonar, who remains at large.
“There is nothing in the records which shows that Alcover knew that Aleonar was going to maul Noelou Lara. At the very least, there is reasonable doubt as to his knowledge thereof,” the ruling read.
Alcover and Aleonar, together with Angelito “Belito” Sequismar and one Joseph “Jessie” Depariene, were charged and subsequently convicted by the Regional Trial Court (RTC) for the April 2, 2000 death of Noelou Lara.
Lara’s death resulted from a mauling while he was being held against his will inside a large jeep, being transported from Carcar to Cebu City, passing through Barangay Balud in San Fernando town.
Confession
Alcover, Sequismar and Depariene pleaded not guilty when arraigned. Depariene cut a deal with the prosecution, however, and became a state witness.
In his extra-judicial confession, Depariene implicated Antonio Delica, the man Lara accidentally rammed. However, in the preliminary investigation, the provincial prosecutor found no probable cause to indict Delica.
Depariene said he, Alcover, Sequismar and Aleonar were in Carcar that day to take part in the festivities being celebrated in the southern town.
While driving to Cebu City, however, they saw a vehicle, which they later learned was driven by Lara, ramming a trisikad driven by the man they would later know to be Delica.
Depariene said they transferred Delica to the hummer and had Lara ride with them to the hospital.
However, he said, Lara started badmouthing Delica who, in turn, reacted by kicking him. Aleonar, who saw what happened, also stood up for Delica and began assaulting Lara. He allegedly took out a pistol and hit Lara on the head with it.
Based on Depariene’s version of what happened, Sequismar and Alcover failed to stop Delica and Aleonar from continuing to hit Lara until he got pushed out of the vehicle and fell on the side of the road.
He said they stopped to place him back on the hummer but, while there, Delica stomped on him again and again.
Report
Alcover reported the incident at the San Fernando and Carcar Police Stations in the morning of that day, April 2, 2000, upon their return to Carcar from Cebu City.
“They made it appear that Lara jumped off the speeding vehicle causing his death,” Depariene said.
In their defense, Alcover and Sequismar stuck to the story that Lara jumped. They said he appeared high on something.
The RTC convicted all three of them. Alcover and Sequismar were found guilty as accomplices and sentenced to imprisonment ranging from four to eight years.
Depariene, in exchange for the testimony, was given six months. They were also fined P200,000. (KNR)
For Bisaya stories from Cebu. Click here. (September 12, 2007 issue)
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