A compassionate Supreme Court (SC) has modified its April 2009 decision and reduced the jail term of a convicted felon to allow him to avail of probation so he can continue to support his family.

The High Court had earlier affirmed the August 2004 decision of the Court of Appeals finding accused, Eliseo Eduarte y Coscolla guilty of robbery and sentenced him to a prison term ranging from four to eight years.

Records showed that on the night of January 26, 1994, complainant Catherine Navarra and a female companion were walking in the corner of United Nations Avenue and Taft when Eduarte squeezed himself between them, announced a hold-up sticking a sharp instrument at Navarra’s side, grabbed her gold bracelet and fled.

The victims, then students who were on-the-job-training chased Eduarte who entered an eatery near the UN LRT train station and casually sat therein. When confronted by his two victims, Eduarte denied the accusation and identified himself as a station commander who had many connections to ward off his accusers. To convince his victims, he reportedly flaunted a police ID from where his identity was known.

Fifteen years later and with the prospect of living in prison becoming real, a remorseful Eduarte appealed for leniency in his motion for reconsideration asking the High Tribunal to reduce his sentence from eight to six years so that he can apply for probation and continue to work as messenger at Unilever Philippines where he has been employed for more than 15 years since 1994.

Laying his cards on the table, Eduarte told the court that he is the sole breadwinner of his family and no one would support his wife and two children if he goes to prison. Should his wife seek employment as domestic helper in his absence, Eduarte added that no one would be left home to care for his two children.