FIVE men are facing charges before the court for allegedly killing a tricycle driver at Purok 44 Manggahan in Ulas, Davao City last November 25.

Charged with murder were Rogelio Igdamen Hermillosa, alias Jun-Jun Kirig, Virmie Jed Canonio Andam, Christopher Gil Silao, Marlon Marapao and one Ar-Ar.

In a resolution dated February 1, prosecutor Jose Paolo Evangelista found probable cause to charge the five accused based on the complaint filed by Gemma Yu.

Based on the affidavit complaint of an eyewitness, she and her three friends were riding the tricycle driven by Darwin Sanama Galo on the way to a sari-sari store at Purok 44 when the accused attacked them last November 25 at around 1 a.m.

The eyewitness said the chaos was pacified by the barangay watchmen in the area that prompted them to flee. But they decided to return to the store so Galo could confront them.

Galo was instead attacked by the suspects who punched and kicked him until he lost consciousness and fell on the ground.

She added Ar-Ar, Silao, Andam and Hermillosa struck Galo’s head with stones while Marapao used a wood to hit him.

Galo was declared dead on arrival at the Southern Philippines Medical Center due to the bruises and injuries he absorbed.

Attached to the complaint is the death certificate of the victim, showing the immediate cause of his death.

“Evaluating the foregoing, this office finds probable cause to charge the accused for murder under Article 248 of the Revised Penal Code, qualified by treachery and abuse of superior strength,” Evangelista said in his resolution.

Hermillosa, Andam, Silao and Marapao were earlier arrested by members of the Talomo police station while Ar-Ar is still at large and is subject of a pursuit operation.

Accused Hermillosa, Andam, Silao and Marapao, who were assisted by lawyer Kristyn Jean Lao-Laguindam of the Public Attorney's Office, waived their rights under the law.

The accused were requested to submit their counter-affidavit 10 days there from but not a single counter-affidavit was presented before the prosecution office. A separate complaint was filed against Ar-Ar.

A subpoena was sent to his house but still no reply from him.