No bail recommended for enforcer's “killer”

CEBU, Philippines - The Cebu City Prosecutor's Office recommended no bail against a former policeman accused of killing an enforcer who was manning the traffic on Governor Cuenco Avenue in Barangay Banilad, Cebu City.

State Prosecutor Jose Nathaniel Andal said there was probable cause to hold the accused, Geoffrey Borinaga, a resident of Barangay Canduman, Mandaue City, for trial.

"I hereby certify that the foregoing Information is filed pursuant to Section 7, Rule 112 of the 2000 Rules on Criminal Procedures, the accused not having opted to avail of his right to a preliminary investigation and not having executed a waiver," he said.

Last Saturday, the Homicide Section lodged a complaint for murder and violation of Section 11 Article 2 of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act against the accused after he was also found with marijuana.

Upon inquest, the accused decided not to file a counter-affidavit and other controverting evidence on the two cases.

State Prosecutor Ana Lou Fernandez-Cavada recommended a P200,000 bail for illegal possession of marijuana for the accused.

In their joint-affidavit, the members of Crimes Against Person Unit of the Cebu City Police Office stated that on June 6, 2013 they responded to the shooting of traffic enforcer, Armando Daligdig, 47.

The police said based on their investigation, Daligdig was manning his post when the accused arrived onboard a motorcycle and motioned for the latter to come near him.

As Daligdig approached the suspect got off his motorcycle, pulled out a gun then shot him. The suspect then got back on his motorcycle and drove towards Mandaue City, the affidavit read.

The victim died of three gunshot wounds.

In the course of the investigation, the responding team said Acting CCPO Director Mariano Natu-el Jr. told them he received information from a concerned citizen who saw a certain Borinaga on board a motorcycle.

The police said they conducted a hot-pursuit operation that led to the arrest of the accused inside his rented apartment in Mandaue City. An eyewitness has positively identified the suspect as the one who shot the victim.

The accused is now detained at the Cebu City Jail.

After testing positive in the paraffin test, the ballistic test also showed that the gun seized from Borinaga is the same gun used in shooting Daligdig.

Natu-el Jr. said the slugs recovered from the crime scene and from Daligdig's body matched with Borinaga's firearm, a .45 cal. pistol.

Natu-el said they can consider the case as already closed, but they want to strengthen it. He added that they are looking for more witnesses who can positively identify Borinaga as the one who shot and killed Daligdig.

Borinaga, who was dismissed from the police service in 2008 reportedly due to illegal drugs, also tested positive in the paraffin test as gunpowder burns were found on his body hours after the incident. — (FREEMAN)