Three of the four men charged with the 2012 killing and robbery of columnist and former Philippine Tourism Authority chief Nixon Kua and the wounding of his brother were convicted on Tuesday, each sentenced to a maximum of 21 years in prison.
Judge Elpidio Calis of Makati City Regional Trial Court Branch 133 found John Rey Cortez, Noel Garcia and Darwin Saniano guilty of robbery with homicide in Nixon’s case. They were also found guilty of frustrated homicide for shooting the victim’s brother, Allyxon Kua.
A fourth accused, Michael Molino, their alleged lookout, was acquitted.
Cortez, Garcia and Saniano received a prison term of six to 14 years for the robbery with homicide case, and four to seven years for the frustrated homicide case. The court considered their voluntary surrender a mitigating circumstance.
They were also ordered to pay P75,000 as civil indemnity to Nixon’s heirs.
Nixon and Allyxon were shot on July 21, 2012, inside Ayala Greenfields Subdivision in Barangay Maunong, Calamba City, in Laguna. Nixon died in the hospital two days later.
Based on the testimony of Nixon’s daughter Sue Anne, the family was on Greenfields to check the construction of their second house and then drove to Allyxon’s house in the same subdivision around 8 p.m.
Nixon Kua
Because it was raining, a maid with an umbrella fetched Sue Anne’s mother Susan, who was then carrying her baby brother. Sue was carrying her mother’s bag when a man she identified as Cortez approached to grab it from her.
The bag contained P90,000 in cash, which was intended as the construction workers’ salary; a Philip Stein watch, and wallet with additional P10,000.
She was forced to let go of the bag when she saw her father Nixon shot in the face by Saniano, who she said also took her iPhone and necklace.
In her testimony, Susan said she was inside the gate when she heard the shot and was about to go out when Cortez blocked her path. Nixon’s brother Allyxon also rushed out of the house and was shot by Garcia, Susan recalled.
Nixon’s son Darryl, who was already at Allyxon’s house, said he offered his phone so the robbers would spare his mother—and that Garcia took the gadget. Darryl also said he saw Molino from the street signaling to the three other suspects.
The accused pleaded not guilty when arraigned on Oct. 17, 2012, in Calamba Regional Trial Court, Branch 92. The court later granted the motion of Nixon’s wife, Susan, to have the trial transferred to Makati in 2013.
In their defense, the four accused who were related to each other said they were mere fall guys. Their relatives testified they were in their respective homes in Maunong during the robbery, while Molino was then residing in Tondo, Manila.
But the court said their alibi and denial cannot prevail over the positive and unequivocal identification by an eyewitness. The accused also failed to prove that it was physically impossible for them to be at the crime scene since it happened in the same barangay, except for Molino who was in Tondo, it added.