balik tayo sa 1998 - pulis binaril ang batang naglalaro ng saranggola sa bobong
at ngayon, ang hatol ng SC:
A TRAFFIC policeman who shot and killed an 11-year-old boy whom he found flying a kite on the roof of his house has escaped the death penalty.
In a 26-page en banc decision, the Supreme Court reduced to 40 years imprisonment the death sentence meted out to PO3 Fernando Fallorina who gained notoriety in 1998 for killing Vincent Jorojoro in Project 8, Quezon City in September 1998.
The high court said the Quezon City Regional Trial Court, which sentenced Fallorina to death in January 1999, erred in appreciating "the aggravating circumstance of abuse of public position'' in the case.
"There is no dispute that the appellant is a policeman and that he used his service firearm, the .45 caliber pistol, in shooting the victim. However, there is no evidence on record that (Fallorina) took advantage of his position as a policeman when he shot the victim,'' said the decision penned by Associate Justice Romeo Callejo Sr.
While reducing Fallorina's sentence, the high court affirmed that the lawman was guilty of murdering Vincent and ordered him to pay the boy's heirs a total of 174,174 pesos.
hindi nya inabuso ang pagkapulis nya nang barilin nya yong bata...patawa yata ang sumulat nito
oo nga eh, parang ang labo ng statement na yun. in fact yung service firearm pa niya yung ginamit niya eh di dun pa lang eh inabuso na niya yung pagkapulis niya. buti sana kung ibang baril..