CRIME CASES V. BRY. CHIEF, COHORT TRANSFERRED

The Supreme Court has ordered the transfer of the venue of the criminal cases against a village chief and his alleged accomplice from Leyte to Cebu City.

The cases for violation of the election gun ban and illegal possession of firearms were ordered transferred by the high court after one of the four prosecution witnesses was murdered allegedly to prevent him from testifying against the accused.

The two cases against CanJailed lupao, Tomas Oppus Barangay Capt. Porferio Lucino and Reynaldo Cabungcag, of Barangay Mambaling, Cebu City, were raffled to Judge James Stewart Himalaluan.

Himalaluan, of the Regional Trial Court Branch 9, in Cebu City, started trying Lucino and Cabungcag by ordering the prosecution to present its second witness on Friday.

The witness testified that he and some of his companions responded to a tip that two armed men were in a waiting shed in the morning of May 6, 2016.

The accused and their companions reportedly harassed the supporters of the incumbent mayor while on their way to the voting precinct.

When they arrived in the area, they saw Lucino carrying a brown sling bag while Cabungcag was holding a violet sling bag, the witness said.

The barrel of the gun Lucino brought protruded from his sling bag while the gun’s handgrip was also noticeable from Cabungcag’s bag.

Hinagtikan, Tomas Oppus Barangay Capt. Rene Quisada and two other villagers arrested the accused for gun ban violation.

The accused tried to resist at first, but were overpowered by Quisada and his companions. They seized from the accused one .45 Colt caliber pistol and a 9mm caliber Ingram with silencer and one magazine loaded with

SC orders transfer of trial to Cebu after prosecution witness was shot dead

Canlupao, Tomas Oppus Bry. Capt. Porferio Lucino, Reynaldo Cabungcag face poll gun ban violation, illegal possession of firearms cases

24 rounds of ammunition.

Quisada said they asked for police assistance and brought the accused to the police station.

During the hearing on Friday, Judge Himalaluan ordered the cancellation of the bond posted by Cabungcag for his failure to attend the hearing of their case.

Himalaluan also ordered the issuance of an alias warrant for Cabungcag and directed the bondsman to produce the body of the accused to court.