Lawyer convicted of frustrated homicide

Veteran lawyer Daryll Roque Amante Jr. was convicted of frustrated murder for trying to kill a neighbor 12 years ago.

He was sentenced to two to eight years  in jail and  was ordered to pay the victim, Owen Veraque  P390,000 in damages.

The decision was welcomed by the victim’s parents who were emotional after learning about the court’s verdict yesterday afternoon.

“Dose ka tuig ang among gipaabot. Salamat sa Ginoo nga gidungog niya ang among mga pag-ampo. Hustisya ra gyud ang among gipangayo. (We waited for 12 years. Thank God, He answered our prayers. All we were asking for was justice),” said 56-year-old Cristeta Veraque while wiping her tears.

Owen was seated on a concrete fishpond near Amante’s house in Cebu City when the lawyer shot him in the head on December 9, 2002.

Owen, now 33 years old, survived but lost his right eye’s sight  due to the bullet that pierced  his head.

Amate was not around during yesterday’s promulgation.

He wrote the court asking to reset the promulgation since he could not attend due to a prior commitment.

Judge Eric Menchavez of the Regional Trial Court branch 21 in Cebu City denied his plea and went on to issue the verdict without Amante’s presence.

“We can’t reset the promulgation. This case has been pending since Dec. 9, 2002 and we’re now 2014. We can’t wait. His (Amante) absence is justified and he can avail of the remedies provided under the rules. But I have to release the verdict,” said Menchavez in open court.

The judge said Amante has 15 days  to file a motion for reconsideration or an appeal.

About five minutes after the court released the decision past 3 p.m., Amante’s lawyer Rolando Veloso arrived and received a copy of the ruling.

“It’s up to Atty. Amante what to do next. I’ll leave it to him,” Veloso said.

In his decision, Judge Menchavez gave credence to the testimonies of Owen as well as the prosecution witnesses who positively identified Amante as the one who shot the victim on the head.

Owen testified that he and his two friends were sitting on a pond located near Amante’s house at around 7:30 p.m. on Dec. 9, 2002.

He said they suddenly heard a gunshot and saw Amante emerged from the side carrying a gun.

Owen said his two friends immediately ran away but he stayed since he believed that they did not do anything wrong.

But to his surprise, Owen said Amante shot him on the head.

He fell into the pond and was later brought to the hospital by his neighbors.

Owen underwent an operation for over three hours and was confined for 13 days.

When he was discharged, he lost his right eye’s sight.

In his testimony, Amante admitted he fired his gun but explained it wasn’t meant to kill the victim.

He said he was informed by his aide that there were people on his rooftop. Amante claimed he had been a victim of robbers over 20 times.

He said he fired his gun to warn robbers. However, he said he didn’t know that he hit someone.

But the court didn’t give credence to Amante’s claim.

“When Atty. Amante fired his gun, whether they were warning shots or not, he shall be answerable for them. If it were true that he fired shots to the ground and the air, the injuries of the victim could not be possible. The injury landed on the frontal areas of the victim’s face such as the left side of the right eye and right temple, and right side of the head,” Judge Menchavez explained.

He said the testimonies of the prosecution witnesses are more consistent and were supported with evidence.

“The denial of Atty. Amante cannot prevail over the testimonies of the victim and the other prosecution witnesses. In the light of the positive identification of the accused, his defense of alibi must fail,” Menchavez said.

“Positive testimony is stronger than negative testimony and alibi becomes worthless in the face of positive identification of the accused,” the judge added.