MANILA, Philippines – The Court of Appeals (CA) upheld a Quezon City court’s conviction of Jason Ivler for murder in the shooting of a former Malacañang official’s son in a road rage case in 2009.

The CA affirmed the lower court’s penalty of reclusion perpetua or up to 40 years in jail for Ivler, nephew of singer Freddie Aguilar.

The CA also increased damages to be paid to the family of victim Renato Ebarle Jr, son of  former undersecretary Renato Ebarle Sr, the chief of staff of former president Gloria Macapagal Arroyo.

From P143,890, the CA increased the actual damages of burial expenses to P616,590. Moral damages were increased to P100,000, and exemplary damages to P100,000. Ivler was also ordered to pay civil indemnity in the amount of P100,000.

“All damages shall earn interest at the rate of 6% per annum from the time of finality of this decision until fully paid,” said the appellate court’s 14th Division in a decision promulgated on November 28.

Ivler shot Ebarle Jr dead during a traffic altercation in November 2009 on Santolan Avenue in Quezon City. He was convicted of murder by the Quezon City Regional Trial Court (RTC) Branch 84 in November 2015.

Ivler’s defense 

Ivler wanted to downgrade his charge from murder to homicide, and challenged the testimonies of eyewitnesses who identified him as the shooter.

Ivler said that if eyewitnesses, one of whom was a cop, really did see him shoot the victim, “they would have been immobilized out of fear for their life and safety rendering it impossible for them to pay attention to details.”

But the CA said the crime scene was a well-lit area, the eyewitnesses were only within 3-5 meters of the crime scene and that there “was no competing event to draw the witnesses’ attention away from the incident.”

Ivler’s alibi was that he was at a friend’s birthday party in Makati from 10:15 pm of November 18, 2009 to 3 am of November 19. The shooting happened 11 pm on November 18 in Quezon City.

“(Alibi) cannot prevail over and is worthless in the face of the positive identification by a credible witness that an accused perpetrated the crime,” the CA said.

The court added: “Ivler was correctly convicted and sentenced by the RTC to the penalty of reclusion perpetua without eligibility for parole.” – Rappler.com