REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT SIXTH JUDICIAL REGION SAN MIGUEL, JORDAN, GUIMARAS BRANCH 65

PEOPLE OF THE PHILIPPINES,

-VERSUS0737 ALLAN G. EBREO, Accused. x-------------------------------------x

Criminal Case No. 03For: MURDER

MEMORANDUM (FOR THE PEOPLE OF THE PHILIPPINES)

In an Information docketed as Criminal Case No. 03-0737 with Branch 65 of the Regional Trial Court in San Miguel, Jordan, Guimaras, accused, ALLAN G. EBREO, was charged with the crime of Murder, defined and penalized under Art. 248, of the Revised Penal Code.

I. STATEMENT OF FACTS

On or about the 12th day of January, 2003, at around nine oclock in the evening a shooting incident took place which involved the accused ALLAN EBREO, and, the deceased FELIX NGITNGIT.

During the course of the trial, the prosecution, through its witnesses were able to establish the following facts:

That, on that particular date and time, prosecution witness JONEL EDAY was having a drinking spree with the victim, FELIX NGITNGIT together with GILBERT EBREO at the house of ROMY MACOSE who was then celebrating his birthday. That while they were celebrating, they heard five (5) successive firings of gun. Thereafter, Jonel Eday saw Felix Ngitngit fell down the ground bloodied with gunshot wound. Also, according to him prior to the shooting incident he saw the .22 caliber German Ruger firearm at the house of the accused.

Prosecution witness Gilbert Ebreo corroborated the testimony of Jonel Eday. He further testified that on that particular date and time while they were having a drinking spree at the house of Romy Macose, herein

accused offered the victim another shot of alcohol, however, the latter refused him because he was already intoxicated. With the refusal to the offer of the accused, accused Allan Ebreo poured the alcohol over the

victims head, Felix Ngitngit on the other hand took the pitcher with alcohol and poured it also over the accuseds head and they started to have an altercation. Thereafter, Allan Ebreo left the group.

It was also testified that when the three of them(Felix Ngitngit, Jonel Edoy and Gilbert Ebreo) were left inside the house of Romy Macose, they suddenly heard firings of gun. So, Jonel Edoy went outside the house followed by Gilbert Ebreo. There they saw the accused and the victim

grappling for the gun owned by the accused. Then, Gilbert Ebreo saw Felix Ngitngit sprawled on the ground bloodied. He further testified that the accused was the one holding the gun, that he was drunk and there was no electricity when the shooting incident took place. (TSN, February 15, 2008, page 9)

The victim was brought to the Guimaras Provincial Hospital where he was declared to be dead on arrival. And based from the findings of the attending physician, the victim had sustained five(5) gunshot wounds which resulted to his immediate death,(Exh. A-4 and A-5).

The shooting incident was reported to the police and the same was entered to their blotter (Exh.H). Police officer George Galon testified that the firearm which was owned and used by the accused in shooting the victim was surrendered to their office by the brother of the accused, Gilbert Ebreo.

As a result of the death of the victim, his family incurred Php. 106, 828.00 representing their expenses for the wake and funeral

services(Exh. F and submarking). The mother of the victim also testified that prior to his death he was a barangay kagawad and he was receiving his monthly salary of Php. 1, 500.00, plus his monthly income of Php. 1,000.00 for selling dried fish.

II. ISSUE

WHETHER OR NOT ACCUSED ALLAN G. EBREO IS GUILTY OF MURDER UNDER ART. 248 OF THE REVISED PENAL CODE. In support of the foregoing, we submit the following

ARGUMENTS

Allan G. Ebreo s guilt as established beyond reasonable doubt.

The elements of the crime of MURDER under Art. 248 of the Revised Penal Code are: 1. 2. 3. That a person was killed. That the accused killed him. That the killing was attended by any of the qualifying

circumstances mentioned in Art. 248. 4. That the killing is not parricide or infanticide.

The testimonial and documentary exhibits of the Prosecution and the witnesses positively narrated and identified the participation of the accused ALLAN EBREO.

(1)

That a person was killed.

In the case at bar, the prosecution when presented the medico legal Officer, in the person of Dr. Owen Jaen Labaquin, they were able to

establish the fact that the victim had sustained five(5) gunshot wounds which resulted to his immediate death,(Exh. A and submarking). That the shooting incident as reported and entered in the blotter of the Nueva Ecija Police Station.(Exh.H).

(2) That the accused killed him. (3) The accused committed treachery and evident premeditation.

The Information states that the offense was committed with evident premeditation and treachery and the accused took advantage of the night time. Drawn from the testimony of prosecution witness Jonel Eday he established the fact that he saw the incident. That started from the

pouring of alcohol up to the point that the accused left the place and returned again, he personally saw the grappling for the gun between Allan Ebreo and Felix Ngitngit up to the point that latter was shot by the former. Even if prosecution witness Gilbert Ebreo did not directly say that he saw his brother Allan Ebreo shot Felix Ngitngit, the circumstances which he narrated and illustrated when he gave his testimony shows that his brother(accused) was the one responsible for the killing of the victim. (TSN,February 15, 2008,page 9). The suddenness of the shooting of the victim would clearly show that treachery was present. The Supreme Court in a number of decisions has stated that there is treachery when:

(a)

At

the

time

of

the

attack

the

victim

was

not

in

position to defend himself, (b) And the offender consciously adopted the particular

means, method or form of attack employed by him.

The accused is liable for civil damages to the heirs of the victim.

Because of the death of Felix Ngitngit, his family spent Php. 106, 828.00 for his wake and burial (Exh. F and submarking). The Honorable Court should also award the heirs of Felix Ngitngit an exemplary and moral damages because of the violent manner in which the victim was killed.

III. PRAYER
WHEREFORE, it is respectfully prayed that the Decision of the trial Court be affirmed. City of Malolos, Bulacan. March 17, 2012.

LESLIE V. JAVIER-BURGOS

(Private Prosecutor) Phinma Plaza-Level 11, 39 Plaza Drive Rockwell Center, Mkati City Roll No. 36648 IBP Lifetime Member No. 16956 MCLE Compliance No. III-0009751-1711

CONFORME: Fiscal MARICEL G. MALLARI Asst. Provincial Prosecutor