By: Jennifer P. Rendon
A SEAFARER was meted the maximum penalty of reclusion perpetua more than a year after he gunned down a Hungarian restaurateur in Pavia, Iloilo.
Aside from the prison term, the Iloilo Regional Trial Court Branch 29 also ordered the accused, Lucindo Lim, to pay the heirs of his victim, Da’niel Melczer, the following amounts:
- P100,000 for civil indemnity;
- P100,000 of moral damages; and
- P100,000 in exemplary damages.
The RTC decision also stated that an interest of 6 percent per annum from the finality of the decision will be imposed until the total amount of damages is fully paid.
Reclusion perpetua entails imprisonment of at least 20 years and one day to a maximum of 40 years.
After 30 years, the person sentenced to reclusion perpetua becomes eligible for pardon.
The decision penned by RTC Judge Ma. Theresa Enriquez-Gaspar was handed down on July 8, 2019.
Lim, who was 42 years when the incident happened, was accused of murder after he repeatedly shot Melczer following a verbal tussle on New Year’s Eve of 2017.
Melczer’s partner, Reka Schule, pursued the case against Lim, who happened to be their neighbor at Avida Village in Barangay Balabag, Pavia.
Police accounts said that Lim, who was armed with caliber .9mm SigSr P250 pistol (serial number EAU015569) shot Melczer, 37, after the later complained of the suspect’s use of firecrackers on Dec. 31, 2017.
The victim, who had been staying in the country for two years before the incident, admonished Lim for using firecrackers near the victim’s house which disturbed his pet dogs.
Reports said that Melczer, who was a bodybuilder, allegedly kicked Lim at the height of their verbal tussle.
That was apparently the last straw for Lim who drew his pistol and shot the victim.
Melczer suffered gunshot wounds on his forehead, upper right ear, left arm, and right knee.
A caliber .9mm pistol with magazine assembly and a .45 caliber pistol were recovered from Lim. (Photo Courtesy of Getty images)
