CEBU, Philippines – A murder case will be filed today against the son of former provincial board member Antonio Almirante Jr. for killing his elder brother at the height of their quarrel last Tuesday.
Antonio III will be charged for killing his elder sibling, Allan, 49, even if none of the members of the Almirante family is willing to file a complaint.
Cebu Provincial police chief Erson Digal said he ordered the filing of the case even if it is against the will of the victim’s family because a crime has been committed. Digal explained that the government will stand as complainant against Antonio III.
Digal yesterday sent an investigator from the Cebu Provincial Police Office and a lawyer from the Regional Legal Service to prepare the affidavits and other documents needed for the filing of the case.
Argao police chief Reyman Tolentin said they were supposed to file the case yesterday but the death certificate was not yet signed.
Until yesterday the Almirante family refused to cooperate in the investigation. They have not also turned over the firearm allegedly used by Antonio III. Tolentin however said they cannot compel the family to surrender the firearm.
“Ato storyahan ug utro ang hingtungdan. If di gihapon nila i-turn over ang pusil, then we have to be satisfied with the circumstantial evidence nga naa namo,” Tolentin said. The police admitted that they had a hard time thinking how to recover the gun, which is a vital piece of evidence to prove their case.
“If magkuha mi ug search warrant, magkinahanglan pa mi ug personal knowledge sa pusil. We have a deadline to beat. Di pud ta basta-basta maka-search sa balay and neither we could compel the family to present the firearm kung wala man g’yud gani,” Tolentin added.
He said that the pieces of evidence they have right now are the empty 9mm shells they recovered from the crime scene, death certificate, autopsy result, testimony of the investigator, testimony of the responding personnel, and pictures of the crime scene.
No single witness from the Almirante family or even their house helpers have come forward to testify against Antonio III.
Since there is a possibility of murder because of the number of shots fired, Tolentin said they will file a case for murder against Antonio III and leave the appreciation of the evidence to the prosecutor and the court.
The suspect and the victim reportedly had a heated argument prior to the incident over how the elder sibling has been treating the helpers in the house. Allan, an employee of the Land Transportation Office, has been living with his parents since he got separated with his wife several years ago. He has got two children with his legal wife.
Antonio III was at their living room around 9 am Tuesday when he heard Allan scolding the househelp at the dining room. The suspect reportedly admonished his elder brother but the latter tried to attack him with a kitchen knife.
Antonio III pulled out a gun supposedly to prevent his brother from pursuing the attack but the victim allegedly went ahead prompting him to shoot. (THE FREEMAN)