Man gets 20 to 40 years in jail for killing, hurting neighbors

The court convicted a resident of Barangay Mainit, Naga City in southern Cebu for killing his neighbor in 2012 and sentenced him to 20 to 40 years in jail.

Regional Trial Court Branch 10 Judge Soliver Peras found Eduardo Lapitan guilty of murder and attempted murder over a shooting incident five years ago.

Peras said the guilt of the accused was established beyond reasonable doubt.

"Accused's alibis, denials, and protestations cannot overcome the positive declarations made by the prosecution witnesses, especially that of Edgardo Herediano and Maria Jovy Lapitan who testified on affirmative matters," reads the decision.

Lapitan was sentenced to suffer 20 to 40 years of imprisonment, as well as ordered to pay P93,567 in damages to the heirs of the victim, Gregorio Yapac.

He will also serve another six to 10 years in jail for trying to kill mother and son, Vicenta and Eduardo Herediano. He was ordered to pay P25,000 in exemplary damages to each victim.

In his testimony, Eduardo Herediano said he visited his sibling, Yapac, on the afternoon of August 5, 2012 at his residence in Sitio Talot, Naga City.

While they were conversing outside Yapac's house, Herediano said, the accused bringing a firearm and a bolo approached and shot them.

Herediano said Lapitan then fired another shot hitting his mother, Vicenta.

In his defense, Lapitan belied shooting the three, saying it was them who fired shots at him.

Based on the “straightforward, direct, and spontaneous” statements of the prosecution witnesses, Peras ruled that there was a sufficient ground to convict Lapitan.

KBQ