Judge Roberto Chiongson of the Negros Occidental Trial Court yesterday meted 10 years minimum to 17 years maximum imprisonment to a fish vendor from Barangay Tangub, Bacolod City for stabbing to death the president of their homeowners' association.

In his decision, Chiongson found guilty beyond reasonable doubt Lorenzo Albarico Jr., 57, of killing Erecson Genogaling who sustained nine stabbed wounds he inflicted on November 28, 2004 .

He also ordered Albarico to pay Genogaling's mother, Rebecca Genogaling, P100,000 as moral damages, P50,000 for death indemnity, P25,700 as reimbursement for medical expenses, P28,250 for burial expenses and P10,00 for nominal damages.

Court records show that Albarico confronted Genogaling while he was urinating inside a hut and stabbed him, resulting in his death.

Witnesses said Genogaling was the president of the Progressive Homeowners Association in Tangub who facilitated the land acquisition program of the group under the government's lease-purchase agreement for the urban poor.

They said that Albarico was one of the three residents who refused to participate in the agreement and was subject of an ejectment case filed by the association.

Witness Mercia Jison testified in court that two months before the incident, she had a chance meeting with Albarico who mentioned that Genogaling “will have his day” and she felt that the latter begrudged the victim for the judgment rendered against him in the ejectment case.

In his decision, Chiongson said that Genogaling failed to prove any element of self-defense and in fact, all indications pointed to the absence of self-defense.

Chiongson also said that the evidence against Albarico is overwhelming and the conclusion is inescapable that it was the injuries he inflicted on Genogaling that caused his death.*NAB

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