In a decision written by Associate Justice Ramon A. Cruz, the CA dismissed the petition filed by Ivler who was convicted for killing Renato Ebarle Jr., son of former presidential chief of staff Renato Ebarle Sr. “We uphold the accused-appellant’s conviction. Contrary to Ivler’s contention, the prosecution has proven all of the elements of murder,” the CA ruled.
With the ruling, the CA affirmed the decision handed down by the Quezon City regional trial court (RTC) on Nov. 24, 2015.
On Nov. 18, 2009, Ivler – nephew of folk singer Freddie Aguilar – shot Ebarle Jr. over a traffic altercation in Quezon City.
Case records showed that after the shooting, Ivler hurriedly left the scene of the crime. He was arrested on Jan. 18, 2010 at the residence of his mother, Marlene Aguilar, by agents of the National Bureau of Investigation (NBI).
After the trial, the RTC sentenced him to 40 years in jail, life imprisonment, and was ordered to pay civil damages to the Ebarle family.
Ivler elevated the RTC’s ruling before the CA.
In its decision, the CA modified the damages imposed by the lower court. It increased the actual damages representing burial expenses to P616,590 from P143,890; moral damages to P100,000 from P75,000; exemplary damages to P100,000 from P30,000.
The appellate court also ordered Ivler to pay civil indemnity amounting to P100,000.
It said that Ivler’s “claim 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. It is not improbable that they could, with certainty, identify Ivler as the man who shot Renato Ebarle Jr.,” it said. (Rey Panaligan)
