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-versus0797
MEMORANDUM
In an Information, docketed as Criminal Case No. 03-0797 with Branch 65 of the Regional Trial Court in San Miguel, Jordan, Guimaras, accused ALLAN G. EBREO was charged with the crime of murder, defined and penalized under Article 248 of the Revised Penal Code.
STATEMENT OF FACTS In order that this honorable court may be enlightened and guided in the judicious disposition of the above-entitled case,
cited hereunder the material, relevant and pertinent facts of the case to wit: On January 12, 2003, herein accused, ALLAN EBREO together with his brother, GILBERT EBREO, friends JONEL EDAY and FELIX NGITNGIT were at the store of RAMMY MACOSE drinking beer for the celebration of the latters birthday. They started at about twelve oclock noon (12:00nn) and drunk until the evening. At about eight oclock (8:00pm) in the evening of the same date, and while they were drinking, Felix Ngitngit no longer accepted the drink offered to him by herein accused; thus, the latter said: If you will not accept this drink, I will have this poured over your head. Felix Ngitngit replied, Pour it, the accused poured the drink on Ngitngit and the latter got the pitcher and poured its content to the accused. An exchange of words between the two occurred; Ngitngit told the accused: If you are not the brother of Gilbert, something might happen to you, and, Arburon ta karon, which means something might happen to you. Thus, Gilbert Ebreo, brother of the accused reprimanded the latter; however, the accused left the place leaving the three (3) at the house of Rammy Macose talking about what happened.
At about nine oclock (9:00pm) on the same evening, Gilbert Ebreo and Jonel Eday heard gunshots. Upon hearing this, Jonel Eday went outside and saw the accused holding the gun and Felix Ngitngit fell down; thus, Jonel Eday and the accused grappled for the gun. However, Eday was also shot and wounded. Hence, Jonel Alday and Gilbert Ebreo brought Felix Ngitngit to the pump boat and there they brought the latter to the hospital at Alibhon where he was declared dead on arrival. Then and there, Gilbert Ebreo brought Jonel Alday to the hospital in Iloilo City.
ISSUE Whether or not accused ALLAN EBREO is guilty of murder defined and penalized under Article 248 of the Revised Penal Code.
ARGUMENT Accused Allan Ebreos guilt was established beyond reasonable doubt.
Article 248 of the Revised Penal Code as amended by R.A. 7659, now amended further by R.A. 9346 abolishing death penalty; states that: Any person who, not falling within the
provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua if committed with any of the following circumstances:
1.
With
treachery,
taking
advantage
of
superior
strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; x x x Our law provides that murder has four (4) elements: (1) that a person was killed; (2) that the accused killed him; (3) that the killing was attended by any of the qualifying circumstances mentioned in Article 248; and, (4) the killing is not parricide or infanticide. Therefore, the accused is guilty of murder because a person was killed in the said case, the accused killed him based on the pieces of evidence presented and appreciated by the court, it was neither parricide nor infanticide and it was
attended by a qualifying circumstance which is in paragraph one (1), to wit, treachery (alevosia). Regarding the qualifying circumstance of treachery, it was held in the case of Luces v. People of the Philippines that treachery (alevosia) is present when two conditions concur, namely: (1) that the means, methods, and forms of execution employed gave the person attacked no opportunity to defend himself or to retaliate; and (2) that such means, methods and forms of execution were deliberately and consciously adopted by the accused without danger to his person. Furthermore, it was held in the case of People v. Aguilar that the killing of the victims is qualified with treachery, when the shooting was sudden and unexpected, and the victims were not in a position to defend themselves. In this case, there was treachery attended. Moreover, murder committed by herein accused was proven by the statements of the credible witnesses presented by the prosecution. Quoted hereunder are the pertinent statements of the witnesses on direct examination: JONEL EDAY
about 9:30 in the evening, do you know if there was any unusual incident that happened? A Q Yes, sir. Now, can you inform the court what was
that incident you are referring to? A Q from? A Q A Q A Q A Q Yes, sir. From where? Outside, sir. Do you know who fired the gun? Yes, sir. From where? From Allan Ebreo, sir. You mentioned Allan Ebreo. Are you There was a gunfire, sir. Do you know where that gunfire came
shot. To whom was the gunfire intended? A Q this gun? A Q 5 times, sir. What happened next after the victim fell Felix Ngitngit, sir. How many times did this Allan Ebreo fired
down because of the shot fired by Allan Ebreo? A I opened the door and grabbed the firearm from
Allan Ebreo and told him, You are not respecting the barangay official of Barangay Cuiwanon. Q When you uttered those words, what happened
trigger again and I was hit. Through the above cited statements, the witness being a victim of the accused also proves that Allan Ebreo was the one who fired the gun towards the victim Ngitngit and was killed. In the direct examination, however, with Gilbert Ebreo, brother of the accused; to wit:
Q hospital? A
Q After you brought Felix Ngitngit to the hospital, what did you do next? A When we arrived at the hospital he was
declared dead on arrival by the doctor and then I brought Jonel Eday to the hospital in Iloilo. Q What did you do to the firearm when you said it was turned over to you by Jonel Eday? A I kept it.
Q The, what did you do next? A Later, we reported to the Municipal Hall
and then I surrendered the firearm. In the statements given by the brother of the accused, it is even further proved that Allan Ebreo killed Feliz Ngitngit.
rendering herein accused guilty beyond reasonable doubt for the crime of murder. It is further prayed for costs and for such other and further relief as this honorable court may deem just and equitable in the premises. Malolos City for San Miguel, Jordan, Guimaras.
RHEA-ANN J. SOLIMAN Prosecution Counsel #0048 Mataas Sampalok, Bulihan, Plaridel, Bulacan IBP OR No. XXXXXX XX-XX-XX, Malolos, Bulacan PTR No. XXXXXXX XX-XX-XX, Plaridel, Bulacan Roll No. XXXXX MCLE Compliance No. XXX - XXXXXXX Copy furnished: