Man gets 8 years in prison for attacking neighbor on Christmas Day
MANILA, Philippines – A Quezon City court sentenced a man to serve up to eight years in prison for attacking his neighbor on Christmas Day more than five years ago.
Assisting Judge Genie Gapas-Agbada of the Quezon City Regional Trial Court Branch 221 found Leonardo Enguerra guilty of frustrated homicide as she described the latter’s alibi as “incredible.”
Enguerra had told the judge that he was asleep at the time Juanito Esperida was attacked on Dec. 25, 2007.
The convicted man was initially accused of frustrated murder but the judge, in her six-page decision, downgraded the charge to frustrated homicide after ruling that the attack on the victim was neither treacherous nor premeditated.
Based on court records, Enguerra had been feuding with the victim who by chance paid a visit to his nephew on Dec. 25, 2007.
However, the nephew’s house was just 50 meters away from that of Enguerra who, upon spotting the victim, threatened to kill him.
Cooler heads intervened and the victim immediately left the area, only to be cornered by Enguerra in an alley near BIR Road.
Enguerra immediately stabbed the victim in the chest and punched him on the face. A neighbor, however, prevented more injury by stepping in and bringing the victim to the hospital where he received treatment.
In his defense, Enguerra claimed that he was sleeping inside his house when someone else attacked the victim with a knife. His alibi was supported by his brother who pointed to another person as the culprit.
The judge, however, gave more weight to the victim’s testimony in which he positively identified Enguerra as his attacker. The judge said that the victim had “no ulterior motive to falsely testify against the accused (Enguerra)… Absent any reason or motive for prosecution witness to perjure, the logical conclusion is that no such improper motive exists and his or her testimony is worthy of full faith and credit.”
“The accused’s alibi that he was resting inside his house at the time the crime was committed will not exculpate him. For alibi to be considered favorably, the accused must prove not only that he was somewhere else when the crime took place but also that it was physically impossible for him to have been at the scene of the crime when it was committed,” the judge added.
