FOUR men will face trial after they were indicted by Office of the Cebu Provincial Prosecutor for allegedly attempting to kill a member of the Barangay Intelligence Network (BIN) in an ambush in Barangay Baliwagan, Balamban town last year.
Assistant Provincial Prosecutor Ferdinand Collantes found enough evidence to indict Marlon Generali, Joel Apas, Mario Canoy, and Roldan Gentapa for attempted murder.
They allegedly used short and automatic firearms in shooting at complainant Eliseo Barangan on Aug. 5, 2014.
However, Barangan retaliated and was unharmed.
The accused are reportedly members of the Civilian Volunteers Organization (CVO) in Balamban.
The case against them is bailable.
They denied the allegation in their counter-affidavits, but Collantes was not persuaded.
“The validity and merits of testimonies and evidence are better ventilated during trial proper than at the preliminary investigation level,” the resolution read.
Barangan had filed a frustrated murder complaint before the Cebu Provincial Prosecutor’s Office, but Collantes changed it to attempted murder.
Crime
“In an attempted felony, the offender merely begins the commission of the crime by some overt acts but does not perform all acts of execution due to some cause or accident other than the offender’s own spontaneous desistance,” the resolution read.
Barangan, in his affidavit, said he was traveling back home after he bought chickens from Barangay Hingatmonan.
While driving his motorcycle, he noticed two parked two motorcycles on the roadside.
He was then attacked by the armed men.
Cover
Barangan survived the incident after he jumped off his motorcycle, rolled on the ground and took cover.
His attackers later backed off.
Barangan believed that his attackers are angry at him for testifying for PO3 Jose Baldicasa Jr., who along with a BIN member, was charged with killing two persons and wounding three others in Barangay Nangka, Balamban on Feb. 7, 2014.
He said it was impossible for Baldicasa to be involved in the crime because they were having a drinking session that time.