SC affirms conviction of road rage killer in QC
Published Dec 13, 2019 12:00 am
By Rey Panaligan
The Supreme Court has affirmed the conviction for murder and the life imprisonment imposed by the trial court and later by the Court of Appeals (CA) on road rage killer Jason Ivler for the death of the son of a former Malacanang official in 2009.
Supreme Court (SC) (MANILA BULLETIN)
In a recent resolution, the SC dismissed the petition of Ivler who was convicted for killing Renato Ebale Jr., son of former presidential chief of staff Renato Ebarle Sr.
The SC ruled that Ivler “failed to sufficiently show that the Court of Appeals committed any reversible error in the assailed decision as to warrant the exercise of the Court's appellate jurisdiction."
In upholding the 2015 ruling of the Quezon City regional trial court (RTC), the CA in its 2017 decision said that “contrary to Ivler’s contention, the prosecution has proven all of the elements of murder.”
Case records showed that on Nov. 18, 2009, Ivler – nephew of folk singer Freddie Aguilar -- shot Ebarle Jr. over a traffic altercation in Quezon City.
The same 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.
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 P300,000. The appellate court also ordered Ivler to pay civil indemnity amounting to P100,000.
The CA rejected Ivler’s “claim that the eyewitnesses had no ample opportunity to view the perpetrator because the crime rapidly unfolded in front of them, and that 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.
It pointed out that the eyewitnesses testified that they were three to five meters away from where the shooting happened and that the place was well-lit which enabled them to identify the killer.
“There was also no competing event to draw the witnesses’ attention away from the incident, i.e., no distraction that could have disrupted the witnesses’ attention at the time of the incident,” it said.
"Renato Ebarle Jr. was totally unaware that he would be treacherously shot in the comfort of his own car while waiting for the stoplight before him to turn green. He was unarmed and was not given any opportunity to defend himself or to escape from the deadly assault,” it added.
“The deadly successive shots of the accused-appellant (Ivler) deprived the helpless victim of any opportunity to put up a decent defense. The attack was executed by the accused-appellant so viciously that a defense was virtually impossible,” it stressed.
The SC upheld the findings and ruling of the CA.
On top of upholding Ivler’s conviction, the SC order him and his family to compensate Ebarle's family for the loss of earning capacity in the amount of P9.12-million. The amount will be on top of the other penalties stipulated in the CA decision.
Supreme Court (SC) (MANILA BULLETIN)
In a recent resolution, the SC dismissed the petition of Ivler who was convicted for killing Renato Ebale Jr., son of former presidential chief of staff Renato Ebarle Sr.
The SC ruled that Ivler “failed to sufficiently show that the Court of Appeals committed any reversible error in the assailed decision as to warrant the exercise of the Court's appellate jurisdiction."
In upholding the 2015 ruling of the Quezon City regional trial court (RTC), the CA in its 2017 decision said that “contrary to Ivler’s contention, the prosecution has proven all of the elements of murder.”
Case records showed that on Nov. 18, 2009, Ivler – nephew of folk singer Freddie Aguilar -- shot Ebarle Jr. over a traffic altercation in Quezon City.
The same 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.
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 P300,000. The appellate court also ordered Ivler to pay civil indemnity amounting to P100,000.
The CA rejected Ivler’s “claim that the eyewitnesses had no ample opportunity to view the perpetrator because the crime rapidly unfolded in front of them, and that 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.
It pointed out that the eyewitnesses testified that they were three to five meters away from where the shooting happened and that the place was well-lit which enabled them to identify the killer.
“There was also no competing event to draw the witnesses’ attention away from the incident, i.e., no distraction that could have disrupted the witnesses’ attention at the time of the incident,” it said.
"Renato Ebarle Jr. was totally unaware that he would be treacherously shot in the comfort of his own car while waiting for the stoplight before him to turn green. He was unarmed and was not given any opportunity to defend himself or to escape from the deadly assault,” it added.
“The deadly successive shots of the accused-appellant (Ivler) deprived the helpless victim of any opportunity to put up a decent defense. The attack was executed by the accused-appellant so viciously that a defense was virtually impossible,” it stressed.
The SC upheld the findings and ruling of the CA.
On top of upholding Ivler’s conviction, the SC order him and his family to compensate Ebarle's family for the loss of earning capacity in the amount of P9.12-million. The amount will be on top of the other penalties stipulated in the CA decision.