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Gunman identified by victim sentenced to 14 years in jail

The Court of Appeals (CA) upheld the conviction for frustrated murder of a man who was positively identified after his victim survived a gunshot to the head four years ago.

The CA’s Thirteenth Division found Rey Laurio guilty beyond reasonable doubt and sentenced him to up to 14 years in prison and to pay PHP421,000 in damages and indemnity to Rogelio Magalang Jr.

Laurio was earlier found guilty by the Ligao City, Albay Regional Trial Court Branch 12 in 2019.

The decision dated December 14, however, acquitted co-accused and Laurio’s cousin, Dominador Amador Jr.

Amador used to work for Magalang as a driver and accused him of having an affair with his wife.

He also once told the victim’s mother that he would kill Magalang once he returns to their hometown in Masbate City.

The CA upheld the lower court’s ruling that only Laurio is guilty as the prosecution “did not adduce any evidence to show that Dominador and Rey had come to an agreement to commit the crime and that they decided to commit the crime”.

Laurio and Amador’s relationship as cousins does not prove the two conspired to kill the victim as “relationship, association, and companionship, do not prove conspiracy,” the CA ruled.

Laurio was shot using a .45 caliber pistol on Jan. 28, 2017 after closing his store and poultry supply shop in Barangay Bagumbayan, Ligao City.

The bullet exited his mouth, fractured his jaw and lacerated his tongue.

He identified his attacker as Laurio, whom he remembered was introduced to him by Amador when the latter was still working for him.

Source: Philippines News Agency