SC affirms murder verdict

The Supreme Court (SC) has affirmed with modification a decision of the Court of Appeals (CA) to imprison and impose fines on a man over a killing a few years ago.

In an 11-page decision penned by Associate Justice Marianito del Castillo, the SC First Division ruled that the killing of Alberto Paltingca by Roger Acabo and his brother Pael was attended with treachery and thus qualified for the crime of murder and not just homicide.

Pael has remained in hiding after the killing of Paltingca on 19 September 2014 as he was tending to his cow in Sitio Talatala in Siit, Siaton in Negros Oriental.

A witness, Josephine Enrera, testified the two men waylaid her and the victim. Paltingca was shot in the legs causing him to fall down. He was then shot again resulting to his death.

The court said the attack showed treachery on the part of the suspect since the assailant did not sustain any injury.

“The fact that Alberto had a bolo tucked in his waist was of no consequence. What is decisive is that the attack was executed in a manner that the victim was rendered defenseless and unable to retaliate,” the court held.