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Man gets 25 years in jail for fatal disco attack on group of friends

By DJ Yap
Philippine Daily Inquirer
First Posted 15:41:00 09/07/2010

Filed Under: Police, Crime, Judiciary (system of justice)

MANILA, Philippines -- A man will spend up to 25 years behind bars after he was found guilty of attacking a group of friends at a Manila disco with a knife, killing one of them and wounding two others seven years ago.

Reynaldo R. Victoria, with alias Rey Bata, was convicted of homicide and two counts of attempted homicide on Tuesday by Judge Reynaldo A. Alhambra of the Manila Regional Trial Court Branch 53.

The court sentenced him to a maximum of 17 years for killing Jeffrey L. Salonga and a maximum of four years each for trying to kill Joselito M. Baldisimo and Erard I. Escanilla, who were minors at the time of the incident.

In its six-page decision promulgated Tuesday, the court also ordered Victoria to pay the victim's heirs P125,877.50 in indemnity, compensatory and moral damages, and P30,000 each in moral damages to Baldisimo and Escanilla.

Court records showed that at about 8:30 p.m. on Oct. 14, 2003, Salonga, Escanilla and Baldisimo, accompanied by a certain Vany, were leaving the Waray Waray Disco Club at Radial 10, Pier 12, North Harbor when Victoria ran toward them with a knife and stabbed them.

Salonga was stabbed in the back and died in the hospital. Baldisimo, who was 17 at the time, was also stabbed in the back, while Escanilla, who was 15, was hit in the upper left arm, the records showed.

Escanilla, Baldisimo and another prosecution witness Richard Buot positively identified Victoria as the one who stabbed them.

In his defense, Victoria gave an alibi that he was sleeping in his house in Masinop, Tondo, during the stabbing. His lawyer also presented as witnesses his aunt and mother who both corroborated his testimony.

Another defense witness, Reggie Millares, a worker at the port, said he had seen three persons sniffing rugby (solvent) and then he saw two of them suddenly running away, leaving behind the third man, who turned out to be Salonga.

But the court said the prosecution successfully established its version of the event with the credible account given by witness Buot.

It said Victoria's alibi and denial ?do not deserve credence.? ?It is settled that alibi cannot prevail over positive identification. Being easy to fabricate and difficult to disprove, alibi cannot prevail over and is worthless in the face of positive identification of the accused,? it added.

The court, however, said the evidence did not show that there was treachery or premeditation in the actions of the accused, and so the crime was homicide and not murder, with which he was originally charged.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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