CA upholds Ivler’s 40 years imprisonment
The Court of Appeals has affirmed the decision of the Quezon City Regional Trial Court (RTC) imposing of up to 40 years imprisonment on Jason Ivler in connection with a road rage shooting of a former Malacañang official in 2009.
In a 32-page decision made public Monday, the appeals court 14th division affirmed the decision of QCRTC Branch 84 Judge Luisito G. Cortez who found Ivler guilty of murder.
The lower court meted the penalty of reclusion perpetua or up to 40 years of imprisonment and ordered Ivler to pay the family of Renato Ebarle Jr. P9,124,164 as compensation for loss of earning plus corresponding amounts for burial, interment expenses, moral and exemplary damages.
The appeals court, in modifying the lower court’s ruling, said “the heirs of the deceased are entitled to indemnity for loss of earning capacity which the RTC correctly computed using the victim’s last remuneration, as testified to by his former employer.”
The appeals court also increased the actual damages representing burial expenses from P143,890.00 to P616,590.00 while moral damages were increased from P75,000 to P100,000. The appeals court also increased exemplary damages from P30,000 to P100,000.
The appeals court added that all damages shall earn interest at the rate of six percent per annum from the time of finality of the decision until fully paid.
Ivler was convicted for the death of Ebarle Jr., son of former Malacañang Undersecretary Renato Ebarle Sr. in a traffic altercation in November 2009. He denied being involved in a traffic altercation at that time because he was with a relative and friends at a birthday party in Makati.
The appeals court, however, echoing the lower court’s findings, stated that two eyewitnesses positively identified Ivler.
“The RTC concluded that the testimonies of the two eyewitnesses “should be given full credence absent any taint of ill-motive on their part to fabricate stories or implicate the accused [in] a serious crime of murder,” the appeals court said.
“We uphold the accused-appellant’s conviction. Contrary to Ivler’s contention, the prosecution has proven all of the elements of murder,” said the ruling penned by Associate Justice Ramon Cruz.
The CA ruling has been concurred in by Associate Justices Ricardo Rosario and Pablito Perez.
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