Metro Manila (CNN Philippines, December 18) — The Court of Appeals (CA) affirmed the murder conviction against Jason Ivler, the main suspect of a road-rage shootout which killed Renato Ebarle Jr. in 2009.
In a November 28 decision released Sunday, the CA’s 14th Division junked Ivler’s appeal to reverse the sentence meted by the a regional trial court (RTC) of Quezon City.
“The appeal is hereby dismissed, and the Decision dated November 24, 2015 of the Regional Trial Court of Quezon City, Branch 84, in Criminal Case No. Q-09-162215, is affirmed,” the 32-page decision read.
The appellate court also increased the amount of civil damages given to Ebarle’s family. Ebarle was the son of former Undersecretary Renato Ebarle Sr., the Presidential chief-of-staff of then president Gloria Macapagal-Arroyo.
Ivler is facing a sentence of reclusion perpetua-imprisonment for a minimum of 20 years and one day to a maximum of 40 years, after he shot Ebarle on the chest and arms during a traffic altercation along Boni Serrano Avenue in Quezon City. Ebarle was dead on the spot.
The National Bureau of Investigation arrested Ivler in 2010, in a shootout at the house of his mother, Marlene Aguilar-Pollard. Ivler’s mother, who is singer Freddie Aguilar’s sister, was also charged with obstruction of justice.
In his appeal, Ivler said the RTC erred in charging him of murder, and that he was “nowhere near the crime scene.”
But the CA ruled against his appeal, using accounts of witnesses to back up their claims.
“Ivler’s contentions directed at assailing the credibility of the eyewitnesses ring hollow. He claims that the eyewitnesses had no ample opportunity to view the perpetrator because the crime rapidly unfolded in front of them and they lacked focus as they were inflicted with a paralyzing fear brought by a shocking experience. It is not unnatural for the eyewitnesses to have a detailed recollection of the incident especially the identity of the shooter,” the decision read.
The court also maintained that treachery, an necessary element in murder, was present in Ebarle’s killing.
“He was unarmed and was not given any opportunity to defend himself or to escape from the deadly assault,” it said.
