Albert Asistio Henson, son of former Caloocan City Rep. Nene Henson, and his cousin Dindo Asistio were both sentenced to jail for as much as eight years along with two co-accused for the killing of Ronaldo Real.
Three other co-accused, on the other hand, were acquitted. The killing happened on March 23, 1993 at the corner of Maypajo and J.P. Rizal streets in Caloocan City during a fiesta celebration.
The third Asistio, Dennis Asistio Reyes and the ninth accused, Iluminado Caneda remain at large.
The case was tried in a Manila court after the parents of Real requested the change of trial venue, apparently fearing of a whitewash should the hearing be held in Caloocan City.
For a time, the Asistios held the two congressional seats in Caloocan while another held the mayor’s office. The Asistios are known to be close allies of President Estrada.
Manila Regional Trial Court Branch 1 acting presiding Judge Antonio Eugenio Jr. convicted the two Asistios along with Edwin Macavinta and Redentor San Juan despite the retractions by three of the four prosecution witnesses during trial.
In his 10-page decision, Eugenio explained; "Indeed, there are special circumstances, but all these lead to the indisputable fact that repudiation was made by the witnesses as a trade off for the dismissal of the criminal case for attempted homicide filed against them by accused Lorenzo Trias…"
Trias, one of three accused acquitted of the charge, was stabbed during the street brawl although his attempted homicide complaint was later dismissed by a Caloocan City court for "lack of interest of complainant to prosecute the case."
Trias, for his part, explained he did not produce his own complaint because the three prosecution witnesses have asked for his forgiveness.
The Asistios and their co-accused claimed that they were merely caught in a streetfight and that they had nothing to with the death of Real.
But Eugenio based his decision on the testimony of a witness, a vendor who is said to have seen Henson, Asistio, Macavinta and San Juan, kicking and hitting the fallen Real with stones, a frying pan and steel bars.
The judge also gave credence to the testimonies of another witness, Edwin Bituin who said Real was simultaneously hit with a rattan chair by the two Asistios, Macavinta, and Caneda.
Eugenio also cited the testimony of prosecutor Afable Cajigal that before he recommended the prosecution of the nine accused, he asked the three retracting witnesses if their statements were made voluntarily and got a positive response.
The court also said that for an acquittal based on the retractions of witnesses to be justified, there should be a special circumstance and it should "really raise doubt as to the truth of the testimony."
"I don’t blame them (witnesses) for retracting (for) they were under a lot of pressure then," said Senior Police Officer 2 Vivencio Gamboa, the Caloocan policeman who investigated the case.
"They (accused) were all older than the victim at the time (Real was 23)," Gamboa said. "They just mistook him (Real) as part of the group that stabbed Trias but he could hardly run because he had a limp."
Gamboa said the protagonists were all drunk when the fighting erupted. He said the melee broke out after the group of the Asistios asked a group of men drinking on the road to move aside to open the street.
Aside from the prison term, the Asistios and two other convicts were ordered by the court to indemnify Real’s family the sum of P100,000 as damages.