MANILA, Philippines – A Quezon City court has sentenced a hotel waiter to 12 years and one day in prison for stabbing to death a former publicist of Vice President Noli de Castro during a visit to the victim’s house in 2004.

The accused claimed he was only defending himself from the victim’s alleged advances, but Judge Alexander Balut of Regional Trial Court Branch 76 said there were no other witnesses to prove the claim.

In his decision issued Thursday, Balut found Eric Alba, then a waiter at the Rembrandt Hotel, guilty of homicide for the death of PR man Elias “Eli” Formaran, a bachelor who lived in Cubao.

Balut ruled that the prosecution was not able to prove its claim that Alba planned the killing of Formaran, who was 55 at the time of his death.

Alba was ordered to pay Formaran’s heirs the amount of P50,000 in moral damages, P50,000 in civil indemnity and the actual costs of litigation.

Formaran was an entertainment writer and a former publicist for the Vice President, Edward Hagedorn, Bulacan Gov. Josie dela Cruz, and broadcaster Korina Sanchez.

“There being no eyewitness to the killing, the court can’t ascribe treachery against accused inasmuch as no evidence was presented that he deliberately adopted a specific method to ensure killing,” the judge said.

The court also pointed out that Alba’s claim of self defense against Formaran’s alleged sexual advances cannot be justified unless corroborated by independent evidence.

Formaran was found dead inside his house in Cubao in Quezon City on the morning of May 26, 2004 after his driver, Froilan Francia, noticed a fire inside the victim’s bedroom.

Court records showed that both Francia and Reynaldo Santiago saw Alba waiting for Formaran outside the condominium the night before and was eventually allowed into the victim’s bedroom.

At around past 5 a.m. on May 26, 2004, Francia was awakened by the smell of smoke and the heat that was coming from a fire in Formaran’s room.