A fisherman was sentenced to eight years in jail yesterday for killing his friend in Cauayan town, Negros Occidental, four years ago.

Armando Ortaniza, alias "Mando," 30, was convicted of homicide by Kabankalan City Regional Trial Court Branch 61 Judge Henry Arles and sentenced to a minimum of four years to a maximum of eight years and one day imprisonment for stabbing to death another fisherman in Cauayan in 2003.

Arles also ordered Ortaniza to be immediately remitted to the National Penitentiary in Muntinlupa City.

Court records show that Ortaniza stabbed Noli Areco, 21, on his chest and on his leg after a brief scuffle in a videoke bar at Sitio Manoha, Brgy. Linaon, Cauayan town, Negros Occidental at about 6 p.m. on December 5, 2003.

Areco's companion, Richard Pabores, told the court that he and the victim were at the videoke bar when Ortaniza arrived and approached them.

Ortaniza then tried to stab him but he manage to avoid it before he stabbed Areco twice when the victim approached the accused, court records said.

In his testimony however, Ortaniza said that he just defended himself when he killed Areco when Pabores and the victim waylaid and ganged up on him.

Ortaniza told the court that he stabbed Areco after the victim shot him with an "Indian target" in his hand.

Arles said however, that, based on the testimony of the accused, Ortaniza failed to present a clear picture for the court to be convinced that he acted in self-defense as he gave inconsistent versions of how the Areco and Pabores attacked him.

He also took note of the nature and number of Areco's wounds which he said indicates intent to kill and confirm the prosecution's claim that Ortaniza stabbed the victim while he was standing and even when he Areco fell on the ground and was no longer a threat to his life.

On the other hand, Arles credited Ortaniza's "uncontrollable burst of passion" when he fought back after Areco and Pabores attacked him and his voluntary surrender to the police as mitigating circumstances for his sentence.

Arles also ordered Ortaniza to pay a total of P180,000 for Areco's death, for moral, exemplary, and actual damages.*PP

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