A resident of Sibulan, Negros Oriental, was sentenced to a maximum of 40 years imprisonment for the fatal shooting of a student and the wounding of his brother in Dumaguete City in 2008.

In his order promulgated Friday, Regional Trial Court Branch 34 presiding Judge Rosendo Bandal Jr. also required Allan Diputado, 42, to indemnify the family of Jason Pajunar P90,000 for his untimely death, P40,000 as actual damages for the funeral expenses incurred, and P50,000 as moral damages.

Court records show that Diputado, along with Gem Go and two John Does, were accused of acting and conspiring together, with intent to kill Pajunar with treachery.

The judge ruled in favor of the “credible, consistent and convincing testimony” of Pajunar’s younger brother, John Michael, who was shot in the leg during the incident at Katrina Homes in Barangay Batinguel, Dumaguete City, on Feb. 21, 2008, rather than the unsubstantiated denial of the accused, court records show.

Diputado was the driver of the getaway motorcycle while Go was the triggerman. However, the decision said it is well settled in jurisprudence that conspiracy need not be proven by direct evidence of prior agreement to commit the crime.

Bandal also issued an alias warrant of arrest for Go.*JG

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