The Regional Trial Court Branch 34 in Negros Oriental has sentenced a hit man in Dumaguete to a maximum of 40 years in jail for murder.
RTC Branch 34 presiding Judge Rosendo Bandal, Jr. sentenced Allan Diputado, 42, married of Magatas, Sibulan, Negros Oriental, to reclusion perpetua for the murder of Jason Pajunar on February 21, 2008, and the wounding of his younger brother, John Michael Pajunar.
Diputado, along with Gem Go and two John Does, were accused of acting and conspiring together, with intent to kill the student with treachery in a sudden and unexpected manner.
Both were facing separate charges before the Family Court because the other victim, who escaped death, was a minor at the time of the incident.
The court gave credence to the credible, consistent and convincing testimony of Pajunar’s younger brother who was also shot in the leg during the incident at the Katrina Homes in Barangay Batinguel, Dumaguete City.
Diputado was the driver of the getaway motorcycle while Gem Go was the alleged trigger man. However, it was well settled in jurisprudence that conspiracy need not be proven by direct evidence of prior agreement to commit the crime.
Judge Bandal cited People vs. Cordero, saying “it may be inferred from the conduct of the accused before, during, and after the incident that they acted in unison, evincing a common criminal purpose or design
“A conspiracy may be inferred without the need of showing that the parties actually came together and agreed in expressed terms to enter into and pursue a common design (People vs. Salison Jr, 253 SCRA 758) and other jurisprudence cited by the judge.
Diputado was also ordered to indemnify the family of deceased victim the sum of P90,000 for the death of the victim, to pay actual damages of P40,000 for the funeral expenses incurred and moral damages of P50,000.
Judge Bandal has also issued an alias warrant of arrest for co-accused Gem Go, who remains at large. (PNA)
