A MAN from Cordova town, Cebu is facing criminal charges in court for shooting to death his neighbor during a fiesta celebration last Oct. 25.
Cebu Assistant Provincial Prosecutor Dionilo Mantos found evidence to charge Rocky Mabida with murder for allegedly shooting to death Noel Pacaldo outside his house in Barangay Dapitan.
Murder is a non-bailable offense. The case is pending before Regional Trial Court Branch 11 Judge Ramon Daomilas.
Mabida shot dead Pacaldo, who was drinking liquor with his family and friends at the height of the celebration.
Nicolas Yburan, the victim's second cousin, said he and some kin were drinking beer outside Pacaldo’s house.
Moments later, a man in his 20s allegedly arrived and shot Pacaldo several times. Pacaldo's companions scampered to safety.
At the police station, Yburan identified Mabida as the one who shot dead his cousin, from the police's rogues gallery.
Prosecutors summoned Mabida to submit his counter-affidavit, but he failed to do so.
In the three-page resolution, Prosecutor Mantos ruled that elements of murder were established to indict Mabida.
"The latter (Yburan) was present at the time the victim was killed and immediately recognized his assailant's cousin when he was shown pictures of suspected criminals by the police at the police station," said Mantos.
Treachery is also present, the prosecutor said, since the victim was not prepared "to meet the attack of his assailant."
"He (Pacaldo) was merely singing and having a drinking spree with his friends when the suspect called his name. He was then caught off guard by the shots coming from the suspect, which were sudden and successive, thus, giving him no opportunity top defend himself," said Mantos.