A Regional Trial Court judge yesterday sentenced a Kabankalan resident to a minimum of eight years and a maximum of 15 years imprisonment for the crime of homicide, close to 18 years after the crime was committed.

Gabriel Loreno of Brgy. 14, Kabankalan, Negros Occidental, was found guilty beyond reasonable doubt by RTC Judge Henry Arles for killing Carlito Ayagan and was ordered to pay the heirs of the victim P50,000 as death indemnity. But Arles, who has issued a warrant of arrest for Loreno, cleared Loreno's brother and co-accused, Francisco, saying the prosecution failed to establish his liability.

The Loreno brothers entered a not guilty plea when they were arraigned in July 25, 1996.

Prosecution witness Sammy Salditos, who was one of Ayagan's companions during the time the crime was committed, positively identified Gabriel Loreno as the one who stabbed the victim in the right side of his chest that caused his death.

Arles said that the mere fact that Salditos was one of the companions of the victim when the incident happened is not a sufficient reason to disregard his testimony since he had no improper motive to testify falsely against the accused.

The stabbing and killing of the victim was initiated by Gabriel Loreno without the participation of Francisco with Gabriel first throwing a bottle of beer at the victim, before stabbing him following an altercation, the judge said.

Salditos had asked Francisco to pacify his brother but he refused to stop the fight, a fact Arles said was not enough to prove that Francisco conspired with his co-accused. *CPT

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