SC modifies charge against Cebu killer after denying petition

by: Rowena Joy Flores and JovelynCullado

After denying his motion for partial reconsideration, the Supreme Court (SC) ordered Roel Casilac, resident of Cebu, to pay for damages and stay in prison after killing his cousin.

In a decision released last February 17, the SC retained the murder charge against Casilac, and modified the decision of Court of Appeals (CA) to judge Casilac's other criminal case of Less Serious Physical Injuries into Attempted Murder.

In 2009, Casilac and two of his accomplices ambushed the victims, Ryn Loui Navarez and Ramil Navarez who were on their way home aboard a motorcycle. Casilac shot Ryn Loui to death before he chased and fired at a wounded Ramil who was able to escape and call for help.

Police officers found Ryn Loui dead at the crime scene, while Ramil was rushed to a medical clinic. Casilac voluntarily surrendered to authorities.

The petitioner filed a Motion for Partial Reconsideration in the SC, claiming that the CA erred in: failing to acquit him for self-defense, considering treachery to convict him of murder, and failing to consider his voluntary surrender as a mitigating circumstance.

Casilac's claims for self-defense were rejected, because the SC found no element of self-defense present in the case. There was no proof of unlawful aggression on the victim's part, and Casilac's testimony contradicted his claims.

Furthermore, the SC ruled that the Regional Trial Court and the CA were right in deeming the crime a murder, because Casilac's ambush attack was considered treachery.

The SC modified the petitioner's charges to attempted murder in the case for Ramil, because the court found that Casilac intended to kill Ramil.

The SC stated that "with respect to Ramil, after he was shot by the petitioner in the arm, the latter's intent to consummate the crime was shown by the fact that he continued to chase Ramil and fire at him."

Also, the SC believed that the appellate court considered Casilac's voluntary surrender as mitigating circumstance.

"Considering the mitigating circumstance of voluntary surrender was found to be present, and in the absence of any aggravating circumstance, the RTC correctly imposed the penalty of reclusion perpetua," the SC stated.

Casilac will face a penalty of reclusion perpetua, and a minimum of two years and four months of prision correccional. He is also ordered to pay the victims for civil indemnity, moral damages, exemplary damages, and temperate damages.

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Link to case:

http://sc.judiciary.gov.ph/11877/