Widow, son convicted for killing neighbor

TACLOBAN CITY, Philippines  — After 13 years of detention at the Leyte Provincial Jail, a 52-year-old widow and her son were sentenced to reclusion perpetua in jail for the killing of their neighbor at Barangay Cancaraja of Pastrana town in Leyte.

Judge Alphinor Serrano of the Regional Trial Court-Branch 6 in this city, in a 15-page decision, said the accused, Magdalina Bernardino and son Alberto were guilty of murder beyond reasonable doubt in the killing of their neighbor Lorna Gatela on November 28, 2002.

A co-accused of the crime, Magdalina’s husband Johnny, died two years ago due to kidney failure, while Alberto escaped from jail during the Yolanda devastation.

Serrano also ordered Magdalina and son to pay the heirs of their victim a total of P155,000 in damages, P30,000 of which carries an interest of 6 percent per year until fully paid.

Magdalina, a mother of nine, insisted her innocence saying she will ask her counsel of the Public Attorney’s Office to raise the case to the Court of Appeals. "I could not accept this verdict, as I did not commit the crime of killing Lorna. I’d would rather die myself today,” said the sobbing convict.

The RTC said Magdalina, her husband and son conspired, with intent to kill and with treachery and abuse of superior strength against the victim.

The prosecution told the court that the three assaulted the victim, with Magdalina blocking Gatela’s way and Johnny and their son hacking her with a bolo several times. Gatela died on the spot with wounds on the head and neck, according to an autopsy conducted by Doctor Darryl Dolina.

The court did not accept the three’s defense of denial and alibi, even if Alberto admitted he accidentally stabbed Gatela, resulting in her death, and that his parents were not around at the time.

Magdalina and Johnny claimed that, at the time of incident, they were cleaning their rice field at Cancaraja, but the judge based his decision on the credibility of the account of the lone eyewitness, Evelyn Tablana, who said she was with the victim when assaulted by the three.

Serrano also declared that the alibi of the accused was unacceptable because, even granting that they were out in the rice field, it was not physically impossible for them to be at the crime scene, which was only a kilometer away from where they were claimed to be at the time.

The family of the victim kept their silence when the court promulgated the sentence on Magdalina and Alberto. (FREEMAN)