2008-07-24 12:57:30 - Three murderers get life after killing medical student

Manila

www.balitapinoy.net

Three persons were sentenced on Thursday to reclusion perpetua or maximum of 40 years of imprisonment by the Manila Regional Trial Court (RTC) for the death of a University of the Philippines (UP) nursing student during an attempted robbery incident in 2004 in Manila.

Judge Reynaldo Alhambra, of the Manila RTC Branch 53, found Herbert Malubay, William Sudayao

and Amador Ablana III, guilty beyond reasonable doubt of the charge of attempted robbery with homicide.

Aside from the prison term, the court also ordered the three to pay the heirs of Jim Carlo Calub in the amount of P75,000 as indemnity for his death, P100,000 as actual damages, P100,000 as moral damages and P50,000 as exemplary damages.

The fourth accused identified as Michael Llaneta, Jr. died on April 1, 2007, thus, the case against him was dismissed.

The four were tagged for the stabbing to death of the 20-year old Calub, then a third year nursing student of the UP on Padre Faura, Manila.

Court records showed that on June 24, 2004 at 9 p.m., the victim was on board an FX taxi with plate number PYX-539 when he was killed by four men during an attempted robbery at the corner of Remedios Street and Taft Avenue in Manila.

Prosecution witness Renato Bumanlag, testified that he was driving his FX taxi with the accused posing as passengers, the victim and other passengers aboard, when he heard a commotion coming from the back of his vehicle.

He looked at his center mirror and then turned his head to look at the back of vehicle to check on the commotion. He saw Llaneta and Malubay ganging up the victim. He then saw Sudayao pulled the hair of the victim and joined in ganging up the victim.

Bumanlag parked his FX at the corner of Remedios St. to pacify the accused from further mauling the victim. He alighted from the taxi and saw the accused already outside the FX still ganging up on the victim. The driver even heard the victim asking for help.

The cabbie got a lead pipe hidden under his seat. As he approached the accused, the four run hurriedly left and run toward Remedios St.

He approached Calub to help him but he fell down with blood oozing from his chest. Bumanlag with the help of two other passengers carried the victim and brought him to Manila Doctors' Hospital where he died.

The four accused were subsequently arrested during a police operation.

The four accused pleaded not guilty when arraigned. During trial, the four denied having participated in the crime and raised the defense of alibi.

In an eight page decision, the court said: 'The court finds that their denial of criminal responsibility is worthless in the face of their being positively identified by the prosecution witnesses.'

'Clearly they (accused) overwhelmed Jim Carlo Calub by surrounding him and then repeatedly stabbing him to death when the victim refused to give them his cell phone and wallet,' said the court in the decision.

In awarding moral damages to the heirs of the victim, the judge noted how the mother of Calub (Mercedes Calub) described with such emotion the grief, sleepless nights, hurt feelings and serious anxiety suffered by her and the family left by her son'
(Balita Pinoy - Philippine News & Analysis)