This is in addition to the charges filed against Tamugan barangay captain Renie Lim for violating the election gun ban.
The case was filed after the police found out that Lim's statements contradicted his own and those issued by hospital personnel who attended to them in Calinan.
Also, the police deemed as unusual the route that the pick-up vehicle the couple rode in right before the ambush allegedly on their way home to Upper Tamugan in Marilog district, at around 11 p.m. of February 2.
These led the police to believe the barangay captain had a hand in the killing of his wife, Elvira.
Police investigators suspect Lim was lying when his statement and those of hospital personnel who attended to them that he had a handgun did not match -- a detail he denied in an investigation hours after he was first asked by the police. Hence, the Davao City Police Office Investigation and Detection Division was ordered to conduct a thorough investigation on the matter.
In an affidavit, PO2 Charlito Bertolfo and PO3 Pedro Gorre of the Marilog police claimed that as soon as they received information about the ambush, they proceeded to the crime scene to conduct investigation and then proceeded to the hospital after being told that the victim was brought there.
The two also claimed they went to Davao Doctor's Hospital where Renie was brought. They said they were told by Renie that they were ambushed by two unidentified men on their way home.
Renie also claimed he fired back at the attackers using his .45 caliber pistol placed behind his seat.
The following day, Bertolfo and Gorre conducted again an investigation at the crime scene.
They found skid marks on the roadway after the suspect described to them the exact place of the ambush and recovered four empty shells in the scene.
When police probers traced the tire tracks, they noticed that the vehicle apparently swerved off the road toward the left, destroying some banana hills, and then returned to the "ambush site."
That the vehicle returned before being ambushed raised more suspicion, as this was "very unusual," the police said.
The two also claimed that in their second interview with the accused, he denied possessing a handgun at the time of the incident.
Other witnesses who also executed their affidavits also confirmed that when he brought his wife to the hospital, he was holding a silver colored handgun.
Moreover, when he was invited to the Investigation and Detection Division of the DCPO, he was in possession of a handgun, which was confiscated by the police in violation of the election gun ban.
The confiscated gun was a Llama brand .45 caliber pistol with serial number B34214 while the mission order recovered from his possession was for a Colt Pistol .45 caliber with serial number 756421.
To support the doubts of the police, it was found that the fatal shots that hit the victim on her left side have gunpowder smudges that indicated the victim was shot at close range.
Elvira was last seen alive by her sister Agnes Tambis just hours before her death.
In an affidavit, Tambis said that in the evening of February 2, they went to Villa Cristina at Sitio Malagos in Baguio district to celebrate the victim's birthday.
After the party, she said, they boarded Lim's Isuzu DMax pick-up with the couple and went to Network Bank in Calinan, because Renie wanted to withdraw some money.
Tambis claimed that when they were at the bank, Renie told her to transfer to the vehicle where the driver and their helper were riding.
Not sensing anything wrong with the couple going on their own, she left as instructed with the driver and helper, and proceeded to the couple's house in Tamugan.
It was very much later that day when she received information, saying the couple was ambushed on their way home.
She then went to Isaac T. Robillo Memorial Hospital in Calinan where she was told that the physician had declared her sister dead soon after she was brought in.
Lim is currently out on bail for the case of violation of the election gun ban.
