Regional Trial Court judge Fortunato de Gracia ruled that Freddie Cuizon and Rolando Cuizon failed to overturn the prosecution's evidence, particularly the testimony of a witness who reported seeing them hurriedly leaving the crime scene after successive gunshots were heard.
The court has found out that the motive of the killing of Edgar Ubod last July 12, 1999 appears to be a grudge over a previous theft incident. Somebody stole a chicken that belonged to Ubod, but the chicken was later recovered from one of the brothers and they got the blame.
Zosimo Nara testified before the court that at around 9 a.m. of July 12, 1999 he and the victim were walking towards the barangay proper of Tabunan to inspect Ubod's carabao which he wanted to buy, when they met Freddie Cuizon who asked him: "Unsa magpatay na ta?"
Nara said Freddie quickly pulled out a revolver tucked into his pants and shot Ubod, who tried to grapple for the possession of the handgun but was overpowered when Rolando arrived and hacked him.
Responding policemen found the victim's head several meters away from his body when they came.
Another witness named Aniano Nara said he was grazing his carabao not far away from the crime scene when he heard the gunshots, then later saw the brothers hurriedly leaving the place.
In their defense, both the accused said they never left their respective houses when the incident took place, therefore it was impossible for them to kill Ubod.
The court ruled that the defenses of the accused are all alibis.
"They did not even attempt to touch on, much less controvert, the eyewitness' account and the physical evidences left at the crime scene that belongs to them," the court said.
Aside from the jail term, the brothers were also ordered by the court to pay the heirs of the victim P150,000 as exemplary, moral and civil damages. - Rene U. Borromeo/BRP