Man accused of trying to shoot uncle cleared

CEBU, Philippines - For failure of the prosecution to prove the guilt of the accused, the Regional Trial Court cleared from criminal charges a man who was accused of allegedly attempting to kill his uncle two years ago.

In a seven-page decision, Branch 20 Presiding Judge Bienvenido Saniel Jr. said it was “clear and obvious” that the essential element of the crime charged against Iris Alalid, that is – that he attempted to kill the complainant, Ricarido Estrada, with a .38 caliber revolver and that the gun failed to fire – was not established in the case.

The alleged incident reportedly happened past midnight on April 24, 2008 in Barangay Sawang Calero.

Estrada’s sister and the respondent’s mother, Milagros Alalid, had testified she was awakened by voices, which prompted her to go downstairs. She was reportedly on her way down when she heard the sound of the table being struck by something hard. When she arrived at the first floor, she reportedly saw Estrada running away from the house.

When she asked Alalid what the commotion was all about, the accused reportedly told her he struck the table with a piece of bamboo after he and Estrada had an argument.

Alalid said an argument ensued between him and the supposed victim when he did not allow the latter to enter the house to sniff shabu with his friends.

Alalid said he was later surprised when policemen went to their house and looked for him. He said he voluntarily went with the cops because he knew he did not do anything wrong.

In his decision, Saniel noted the failure of the prosecution to present the policemen who investigated the case, which reportedly created a “doubt in the mind of the court.” – THE FREEMAN