The Supreme Court (SC) has commended Regional Trial Court (RTC) Judge Stela Marie Q. Gandia Asuncion for “expeditiously resolving” the two murder cases filed against a dismissed policeman for the deaths of Sonya Gregorio and her son, Frank Anthony, during an altercation on Dec. 20, 2020 in Tarlac.
Dismissed Police Senior Master Sergeant Jonel Nuezca was found guilty by Judge Asuncion in two murder cases. In a decision issued last Aug. 26, Nuezca was sentenced to a prison term ranging from 20 to 40 years in each of the two cases.
Nuezca was also ordered to pay civil indemnity and damages to the heirs of the victims.
The incident was caught live on mobile phone video by a witness. The video became viral on social media. The prosecution presented the witness during the trial.
“I congratulate Judge Stela Marie Q. Gandia-Asuncion for her swift and efficient resolution of the murder cases raffled to her,” said Chief Justice Alexander G. Gesmundo in a statement issued by the SC.
Gesmundo said: “Despite the challenges brought about by the pandemic and community quarantines, she was able to hear and resolve these two cases in eight months. The timely resolution of cases is both a constitutional mandate and a key aspect in the delivery of justice.”
“May her example inspire all of us to continue working towards a Judiciary that is both receptive and responsive to the needs of our citizenry and the community,” the Chief Justice added.
The SC noted that Judge Asuncion handed down the decision in the Nuezca cases “two months ahead of the 10-month deadline for hearing and deciding criminal cases.”
Citing case records, the SC said that Nuezca’s murder cases were raffled to Judge Asuncion before the end Dec. 2020.
It said that the judge, a former municipal trial court judge for more than 10 years prior to her promotion to the RTC post in 2019, set the cases for hearing and conducted continuous trial in accordance with the Guidelines for Continuous Trial in Criminal Cases.
“She heard a total of eight witnesses, five for the prosecution, and three for the defense, including the accused (Nuezca), who testified through videoconferencing from the detention facility,” the SC said.
“Judge Asuncion could have promulgated the decision even earlier were it not for the two separate forced lockdowns of her court and of the Office of the Prosecutor due to the COVID-19 infections,” it noted.
“She gave the defense two additional trial dates in June, and re-scheduled the promulgation to August, which was well within the period prescribed by the Guidelines,” it added.
Among other pieces of evidence, Judge Asuncion cited in her decision the presentation by the prosecution of the mobile phone video recording of the incident that went viral online.
“Witness Allyza Kate Calosing, the person who took the video, was presented as witness of the prosecution. The witness testified and identified, fully explained and authenticated the video recording she made,” Judge Asuncion said.