Monday, October 06, 2008 3 men get 8 years for 2005 robbery
THE Regional Trial Court (RTC) sentenced three men to eight years imprisonment for robbing a couple inside a store along Lapu-Lapu in Agdao in October 2005.
RTC Branch 11 Judge Virginia Hofileña Europa convicted Pulito Bindal Amag, Mandy Bonda Ledesma, and Bryan Macabuntal after the prosecution proved that they did rob the couple inside Davao Jack Traders, a scrap iron business.
Felisa Tan, their original accuser, testified that she was dropped off by her husband just outside their junkyard at 8:15 a.m. of October 31, 2005 as the latter was to find a parking space.
Just as she opened the padlock to their junkyard, a man poked a gun at her and grabbed her bag. As her bag contained P600,000, she said, she tried to hold on to it, but the man dragged her as well and then hit her on the head and arm.
Another man appeared to help the first man, she said. By this time, their security guard came out and shot it out with the robbers.
As all these was going on, she said, she saw one other man aiming a gun at her husband. She identified this other man as Macabuntal, claiming she recognized him since he was their customer.
The accused were presented and denied the accusations. Macabuntal, in his testimony, said that at the time of the incident, he was still in Carmen, Tugbok and arrived in Davao City around 10 a.m. of October 31 to go to his brother-in-law in Quezon Boulevard.
He said that while he was buying a fish in Trading, policemen arrived and arrested him and brought him to Camp Leonor.
He also denied that he was armed when he was arrested and even denied knowing the couple.
The two accused also denied and said that they were not in the place when the incident happened.
However, Felilsa Tan identified Amag as the person who held her up and grabbed her bag. She also identified Ledesma as the one who grabbed her other bag.
Her husband, Bonifacio was also able to positively identified Macabuntal as the third man with a gun who was waiting for the two suspects with their getaway car.
The court ruled: "defense and alibi cannot stand in the light of positive identification by the prosecution witness."
The cash bond put up by Ledesma in the amount of P80,000 for his provisional liberty was ordered confiscated in favor of the government. (RMH)
