Army Corporal Convicted of Frustrated Homicide of Blocktimer; Another Accused Acquitted

CMFR/Philippines – A court in Kabacan, North Cotabato found guilty an army corporal for the frustrated homicide of blocktime broadcaster Alberto Martinez in April 2005. However it acquitted the other accused for insufficiency of evidence.

In a decision dated 21 November 2018, Branch 22 of the Regional Trial Court in Kabacan, North Cotabato sentenced Army Corporal Alvaro Obregon Jr. to prison for a minimum period of six years and one day and a maximum of eight years, eight months and one day.

The conviction was based on Martinez’s positive identification of Obregon as the person who shot him on 10 April 2005. The court said that such identification weighs greater than Obregon’s alibi that he was in Idanan, Sulu when Martinez was shot.

However, the court said that the prosecution failed to prove that Obregon and the other accused, Ronilo Quinones, conspired and planned to kill Martinez. Martinez had testified that Quinones and another person were riding on the motorcycle with Obregon at the time of the attack.

“Except for the fact that Quinones was present during the incident and in the company of accused Obregon, no other facts are shown as to establish conspiracy. Mere presence is not proof of conspiracy,” said the court.

The prosecution also failed to prove treachery and evident premeditation to qualify the crime as frustrated murder. Obregon and Quinones were charged with frustrated murder, but the lack of any qualifying circumstances resulted in the lowering of the crime to frustrated homicide.

In ruling that treachery was not present, the court said “Alberto Martinez was very much aware of accused following him. He had the opportunity to evade them had he wanted to. He was also armed, and could easily defend himself. In fact he had a bodyguard following him who was also armed.”

Martinez died on 15 January 2015 due to complications brought about by the spinal cord injury he suffered in the 2005 attack.