The suspects were believed to have gone into hiding as the city prosecutor’s office could not contact them in their known addresses, and have forefeited their opportunity to file their counter-affidavits.
In his three-page resolution, City Prosecutor Edilberto Jamora said Ephraim"Toto" Englis, a former policeman and now barangay Captain of Datal Tampal in Malungon, Sarangani; Alfonso Toquero; and two others should be held liable for the killing of Binoya, who was gunned down by two gunmen aboard a motorcycle last June 17 at about 2:15 pm along the national highway in Barangay Upper Labay.
"We have found probable cause for murder qualified by treachery and evident premeditation against the suspects," Jamora said
In a sworn statement submitted by the police before the city prosecutor’s office, witness Reynaldo La Cerna, a motorcyle driver, has identified Toquero from the rogue gallery as the driver of the red TSR motorcycle used by the gunman.
La Cerna also claimed that prior to the killing, he saw Englis and Toquero with two other companions at a creek in Barangay Tampal and overheard the group discussing their plan to kill somebody.
Another witness, Roger Pendatun, stated that an hour before the broadcaster was shot dead, he saw Englis on board a blue pick-up talking to SP03 Pastor Romero at the Tinagacan Police Station. Romero admitted, in an affidavit, that he indeed talked to Englis.
Ten minutes later, Pendatun said, he also saw Ely Binoya on board a motorcycle pass by the police station heading towards Malungon. At this instance, he said the conversation between Englis and Romero was cut short because of a call from a cellular phone and he answered "Oo sige paadto nako diha (Yes. I’ll be there shortly.)
A few minutes after Englis left the police station, the shooting incident happened several kilometers from the place.
Construction worker Allan Barrios Jacinto also identified Toquero as the driver of the red TSR motorcycle.
Mary Grace Binoya, the widow of the victim, welcomed the development in the case, hoping that justice will be served in due time.