A 16-year-old resident of Cadiz City, Negros Occidental, who brutally killed a prominent doctor in his house in Brgy. Alijis, Bacolod City, eight months ago, was sentenced yesterday to suffer 17 years and one day of imprisonment.
Regional Trial Court Branch 41 Judge Ray Alan Drilon sentenced the accused, whose name is being withheld as he is a minor, to 10 years and one day to 17 years and one day imprisonment for the murder of Dr. Andres Gumban.
The minor was also ordered to pay the heirs of victim Gumban P75,000 in civil indemnity.
In his eight-page decision read within closed-doors Drilon stressed that, given the voluntary plea of guilt entered by the minor during his arraignment on July 2, 2012 in the presence of his lawyer, Christine Umahag of the Public Attorney’s Office, and finding enough evidence of guilt against the accused, the court finds him guilty beyond reasonable doubt.
However, since the accused is a minor, his sentence was immediately suspended in accordance with the provisions of Republic Act 9344 or the Juvenile Justice Welfare Act.
Filomeno Tan, the legal counsel of Gumban’s family, said Drilon scheduled a disposition conference on the minor’s verdict on January 18 next year, wherein the conditions which he needs to abide with while he is at the Regional Youth Rehabilitation Center in Guimaras, will be discussed.
Tan said that, under RA9344, if the minor abides with the conditions set during the disposition conference and shows reform in his ways, then, he might regain his freedom instead of serving his sentence when he reaches 18 years old.
Asked for his comment regarding the verdict on his brother’s killer, Arnaldo Gumban told the DAILY STAR that he would rather not say anything because the case against the other suspect, Pof Pascual, 18, of Brgy. Tadlong, Sagay City, Negros Occidental is on-going.
Gumban’s friend, Tammy Reyes said the verdict seems unfair because the minor may regain his freedom.
Reyes said the person that Pascual and the minor killed was a productive member of the society, who could have saved more precious lives if he were alive.
Meanwhile, Drilon scheduled the pre-trial against Pascual on March 18 next year and the evidence presented during the trial for the minor will also be shown to the court.
Gumban was stabbed 35 times in his house at Regent Pearl Homes Subdivision on May 10, allegedly by Pascual and the minor, whom the doctor met through Facebook, court records showed.
The minor even videotaped the killing on his cellular phone that the police recovered and presented as evidence during the trial.*APN back
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