Two brothers and their friend were sentenced to 40 years in prison each by a Regional Trial Court judge yesterday for the murder on his birthday of a barangay official and his companion in Bago City, Negros Occidental, more than 11 years ago.

Reynaldo and Rene, both surnamed Magdato, and Reynaldo Mata, were convicted beyond reasonable doubt of double murder and were sentenced to two counts of reclusion perpetua by RTC Branch 62 Judge Frances Guanzon, for the fatal shooting of Cicero Centina and John Perez in Hacienda Margarita Jison, Brgy. Taloc, Bago, on May 30, 1997.

The three men were ordered to pay a total of P100,000 as indemnity for the victims’ death and P2,868,089.46 for Centina’s loss of earning capacity.

In her 29-page decision, Guanzon said that the phalanx of evidence presented by the prosecution proved beyond reasonable doubt that the Magdatos and Mata murdered Centina and Perez.

She noted that four witnesses, including two vendors and Centina’s wife, positively identified Mata and the Magdatos to be among five men who repeatedly shot the victims near a dance hall in the hacienda minutes after an altercation.

The case was promulgated yesterday even as two other suspects in the killing remain unidentified, court records showed.

Prosecution witness, Roxenne Perez, a barbeque vendor, told the court that Rene Magdato had commented that residents in the area could eat free barbeque in celebration of Centina’s birthday because they will be making human barbeque later.

With this, Guanzon ruled that there was an evident premeditation on the part of the three accused and added that there were also apparent treachery and conspiracy on their part because they shot the unarmed victims and did so with closeness and coordination.

Rene Magdato and Reynaldo Mata both admitted in court being at the same dance hall when Centina and Perez were killed, but denied involvement in it, saying that they took cover along with their companions when the shooting happened.

Reynaldo Magdato, on the other hand, claimed that he was with his wife and children in the home of his in-laws 15 kilometers away from the hall.

Guanzon, however, ruled that the three men’s claims – denial and alibi – were the weakest of defenses in criminal cases and can never overcome an affirmative testimony, noting the consistency and lack of ill-motive on the part of the witnesses who tagged them for the crime.

Guanzon, however, acquitted the Magdatos and Mata for the double frustrated murder charges lodged against them for the wounding of Anastacio Estoquia Jr. and Chayrus Perez, during the shooting, because the prosecution failed to present evidence to prove their guilt beyond reasonable doubt.

She also did not award damages to Perez’s family because of lack of documentary proof.

Mata and the Magdatos were ordered to serve their sentences at the New Bilibid Prisons in Muntinlupa City.*PP

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