HE shot and killed his neighbor in Mandaue City for uprooting his “kalamunggay” outside his house in 2008.
Ardin Cadampog will regret doing that for the rest of his life, after the Supreme Court sustained his murder conviction, which could keep him up to 40 years in jail.
The SC’s Third Division has affirmed the ruling of the Court of Appeals, which previously affirmed the decision of the trial court convicting Cadampog of murder.
“After a careful evaluation of the records, the court is convinced that (witness) positively identified Ardin (Cadampog) as the perpetrator,” reads the SC decision.
Cadampog shot and killed Florencio Napoles while the latter was eating his dinner with his wife inside their house in Barangay Cabancalan, Mandaue City last Oct. 31, 2008.
Napoles, who was hit in his trunk, died on the spot.
His wife, Alicia, said they were in their kitchen when they heard two gunshots. Alicia then saw her husband fall to the ground.
Alicia stood up, peeped through the bamboo slats and saw Cadampog running toward his house.
She said she was sure it was Cadampog since he passed by a lighted place. Alicia said she knew Cadampog for two years and that she was familiar with his build, height and profile.
When Alicia saw Cadampog running away, she went out of their house and screamed at him, asking him why he shot her husband.
She rushed Florencio to the hospital but he id not make it alive.
Before the shooting, Alicia said, Cadampog got mad when Florencio uprooted his kalamunggay (moringa) tree.
When he discovered it, Cadampog reportedly told a child that he would kill whoever uprooted the tree.
But Cadampog, in his testimony, said he was at home when the shooting happened. He said he helped his sister cook “budbud” (a snack made of glutinous rice) and they ate lunch together.
Cadampog said he then went to the house of a neighbor for a chat.
In its decision, the trial court found Cadampog guilty of murder and sentenced him to reclusion perpetua, or 20 to 40 years of imprisonment.
The lower court gave weight to Alicia’s testimony when she identified Cadampog as one who shot dead her husband.
Cadampog was also ordered to pay the victim’s heirs P50,000 as civil indemnity; P26,500 as actual damages; P50,000 as moral damages, and P25,000 as exemplary damages.
The Court of Appeals also affirmed the trial court’s ruling.
In affirming Cadampog’s conviction, the SC ruled that the convict failed to prove that the prosecution witnesses were prompted by any ill motive to falsely testify or accuse him of murder.
“It is unnatural for a victim’s relative interested in vindicating the crime to accuse somebody other than the real culprit,” the SC held.
While Cadampog’s jail term was affirmed, the High Court increased both the exemplary and moral damages to P75,000. (GMD)