2 men in rob-slay case convicted for murder, beat robbery raps
MANILA, Philippines – Two barangay watchmen charged for allegedly robbing and killing a man seven years ago were convicted for murder but acquitted of robbery charges by a Quezon City court.
In a decision issued last July 5 but released only yesterday, Quezon City Regional Trial Court Judge Ma. Theresa Yadao sentenced Francisco Pabello and Bobby Sena to reclusion perpetua for killing Mario Solomon on the night of Oct. 30, 2003.
She also ordered the two men to pay more than P150,000 in damages to Solomon’s family.
According to court records, Solomon and his nephew, Jaypee Padilla were on their way home when they were approached by one of the men, purportedly to ask for directions, along Aurora Boulevard. Four other men also approached Solomon.
Pabello, Sena and their cohorts ganged up on Solomon, stabbed him in the chest and took away his backpack, which contained P50,000.
One of the attackers shot at Padilla, who ran away. When he saw his uncle had been wounded, Padilla asked passersby to help bring him to a hospital, where he later died.
The following month, police told Padilla they had arrested two of the suspects. Padilla then identified Sena as the one who held Solomon and pointed to Pabello as the one who stabbed the victim.
Pabello said he was on duty at the time of the incident, while Sena said he was home.
The judge, however, said “the bare denial of the two accused that they had nothing to do with the charge against them cannot prevail over the positive identification made by Jaypee.”
Yadao also noted that keys belonging to Solomon were found in Pabello’s possession.
Yadao’s decision stated that Padilla failed to mention in his testimony that his uncle was robbed. “Therefore, robbery is not proven,” she said.
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