Saturday, December 08, 2007 Village chief gets 6 yrs. for death of 15-yr-old By Rhodamae M. Hernandez
THE Regional Trial Court (RTC) sentenced a village chief to six years of imprisonment for accidentally shooting dead a 15-year-old boy and refusing to rush the latter to the hospital.
RTC branch 11 presiding Judge Virginia Hofileña Europa found Godfrey Ganoria Jr. guilty beyond reasonable doubt.
Court records showed that the accused, duly assisted by his counsel, pleaded not guilty during his arraignment.
The victim's father, Felix Abequibel, said that at around 6 p.m. of November 28, 2004, he was standing in front of his house in purok Sta. Cruz in Barangay Acacia, Buhangin with the victim, Jimboy, and their neighbor, Julius Aperdo, when Jimboy was killed.
Ganoria and his friends were having a drinking spree about 150 meters away from their house when a truck loaded with logs passed. Abequibel said Ganoria stood up and fired towards the truck to stop it. A bullet hit Jimboy in the head.
Ganoria fired six times, Abequibel said. It was at the third gunshot when her son fell, bloodied, to the ground.
The father said he rushed to Ganoria to seek help to bring his son to the hospital, but the accused refused saying that if they will use his vehicle, he might not catch the driver of the truck.
Felix decided to look for a motorcycle to bring his son to the Davao Medical Center. His son died at the hospital on the third day.
Defense witness Rodolfo Arañaz Jr., member of the barangay police, said they were unarmed since their firearms had been recalled due to election gun ban.
He added that they were at the videoke house to inform the owner of the establishment of a curfew.
He claimed they saw people gathered in the house of the Abequidel and learned that Jimboy was shot. He said the accused offered to bring the victim to the hospital but the family refused and opted to use a motorcycle to evade traffic.
In a resolution, Europa said that malice was not present in the firing of the shots but this resulted to the death of a person. The purpose of the accused was to halt the truck loaded with logs but failed to exercise caution in doing so.
Europa said it is more believable that the accused refused to help because he wanted to run after the truck and that it is unthinkable for a father to refuse a bigger vehicle that would bring his injured son to the hospital. And any father in Felix's situation would want the fastest and most convenient way to bring his son to the hospital to save his life, Europa said.
Europa further ruled that contrary to the testimonies of the prosecution, the denial of the accused cannot be given weight, thus the conviction.
Europa also ordered the accused to pay the heirs of Jimboy the amount of P4,234 for actual damages, P50,000 to indemnify the death of the victim, and another P50,000 for moral damages.
