3 get life for murder of man 16 years ago

CEBU, Philippines – Three of seven persons accused in the murder and double frustrated murder of a man and the wounding of two others16 years ago in a strafing incident in barangay Lagtang, Talisay were sentenced to life imprisonment.

Sentenced to life imprisonment by Regional Trial Court Gilbert Moises were Alison Alcantara, former member of the New People's Army (NPA), and resident of Lagtang Talisay, Cebu; Julio Cabusas, Jr., carpenter, of Kalubihan, Pardo, Cebu City, and Jimmy Cabarrientos, farmer, of Nonoc, Talisay, Cebu for the death of Allan Ababon and the wounding of Lydia Ababon, mother of Allan, and Joseph Cabajar, Lydia's brother-in-law.

Moises recommended Alcantara, Cabusas, and Cabarrientos pay jointly the heirs of Allan Ababon P150,000 and P111,000 for Lydia Ababon.

Moises sentenced the three men to life imprisonment for the murder while eight years to 14 years and eight months as maximum for the double frustrated murder charge.

Moises said the prosecution, through Lydia who was at the crime scene, was able to ascertain the identities of the accused.

"The court is convinced of Lydia Ababon's credible testimony. She took the witness stand many times and in those various occasions, her narration remained steadfast and consistent. She bravely withstood the rigors of the cross examinations interposed by the defense counsels," Moises said.

Moises acquitted Rudolfo Cañedo, of Lawaan 3, Talisay, Cebu and Jerry Labandero, errand boy of a Videoke house, of Nonoc, Talisay, Cebu after the prosecution failed to categorically establish their identities as among the perpetrators.

"The evidence of the prosecution is weak and unsatisfactory and the identification of the accused is not reliable while the defense of alibi is adequately proved, the accused should be acquitted," Moises said.

On the other hand, two other accused, namely, Gerry Cabras and Ricardo Ababon are still at large. The judge said the cases against them will proceed as soon as they are arrested.

The incident happened on May 24, 1994 at around 7:00 a.m. at barangay Lagtang.

When the five accused were arraigned on different dates they all pleaded not guilty.

To prove their guilt, the prosecution presented five witnesses. (FREEMAN)