Man charged over death of seaman

CEBU, Philippines —  The Office of the Cebu City Prosecutor has charged a man before the court for allegedly killing a seafarer along F. Llamas St., Punta Princesa 10 months ago.

Elvin Abella alias Burgo, a resident of Doña Maria Village, Labangon, Cebu City, was  sued for two counts of murder for the death of brothers, both seafarers Niel Brian and Nick Benzen Ong.

However, Prosecutor II Leah Cruz downgraded the case from murder to homicide with the approval of City Prosecutor Liceria Lofranco-Rabillas.

"The evidence at hand would show probable cause against respondent Abella, not for murder but for homicide. There is no evidence that any of the qualifying circumstances such as treachery and evident premeditation or other circumstances present," read the resolution.

In his affidavit, eyewitness Michael Simbajon, a habal-habal driver, alleged that while he was waiting for a passenger near the gate of Our Lady of Lourdes Parish Church in Punta Princesa, he heard a gunshot.

Simbajon added he saw a man, later identified as Abella, with a gun in hand, running towards an XRM motorcycle driven by unknown person.

Before Abella could ride the motorcycle, Neil Brian arrived and jumped on him, causing the former to fall to the ground.

Simbajon said the driver of the motorcycle sped off, leaving Niel Brian and Abella.

Allegedly, Abella stood up, shot Niel Brian and ran away. But Niel Brian stood up and ran after Abella but the latter allegedly shot him again.

Simbajon, a resident of Lapu-Lapu City, said he only knew that there were two victims through a news report, the following day.

Aside from Niel Brian, his brother Nick Benzen was also shot dead inside a cafe on the same day, a few meters away where the former was shot.

Subpoena was sent to Abella but he did not submit a counter-affidavit. Thus, the complaint was resolved.

Cruz found probable cause to hold Abella for trial but only for the death of Niel Brian and not of Nick Benzen.

"As to the death of other victim Nick Benzen Ong, the same is dismissed without prejudice for insufficient evidence. As to other respondent, motorcycle driver, the same is dismissed. The evidence does not show his involvement in the killing nor that he connived with respondent in doing the same," read the resolution.

Cruz recommended P120,000 bail for Abella's temporary liberty while the case is pending before the court. — MBG (FREEMAN)