Joel Alebario, 29
remained in custody of the National Bureau of Investigation (NBI)
after executing a waiver saying, “I am waiving all my rights under
Article 125 of the Revised Penal Code and requesting the Arresting
Officer (NBI) that I be given time to execute my counter-affidavit in
the conduct of Preliminary Investigation.”
The waiver continued
to say: “Pending Preliminary Investigation, I am willing to be placed
under the custody of NBI Samar District Office in Catbalogan City.”
The waiver, dated
March 14, was prepared witnessed by Alebario’s mother and assisted by
counsel Sisenando Fiel, Jr.
Illegal possession of
deadly weapon and murder charges were filed by the National Bureau of
Investigation-Samar against Joel Alebario, 29 who was arrested last
June 13 at their house in Purok 1, Brgy. Dagum, this city. A fan knife
was seized from him.
But according to
Prosecutor II Virgilio Cabral, the illegal possession of deadly weapon
was dismissed for lack of merit. In the
March 18, 2008
dated Resolution, the City Prosecution Office said that “respondent
cannot be said to have violated B.P. BLG. 6 as he was in his residence
when said fan knife was recovered,” and that “said fan knife was not
listed as one of the objects of the search.”
The NBI raiding team
together with the Philippine Army operatives raided Alebario’s
residence based on the strength of a search warrant issued by Judge
Reynaldo Ros of Manila City RTC Branch 33 for alleged possession of
firearm.
Alebario, who was
presented to the media last March 17 by the NBI and Calbayog City
Mayor Mel Senen Sarmiento at the City Mayor’s Office, is a parolee,
released last December 13 from the Abuyog Penal Colony in Leyte for
the crime of theft, according to authorities.
Alebario’s mother
disputes the allegations against her son, that her son could not have
done the crime. “Lumarga na unta akon anak kon nakasala iton.” she
said. Neighbors too have told this reporter that Alebario was with
them drinking when the news of the killing reached them.
In the press
presentation, Mayor Sarmiento said that there was a cartographic
sketch that was done right after the incident, and it so happened that
the carto sketch matched from one file photograph of those who have
somewhat committed crimes. The carto sketch matched the photo of the
suspect, “Ito yung nakita ng NBI,” Sarmiento said.
Meanwhile, the witness
right away identified the person as the person seen shooting the
judge.
The NBI said their
investigation will confirm to establish the motive of the killing
saying many possible angles are to be considered.
Asked about RTC Branch
32 Sheriff Santos Tarrayo, Jr. who also was nabbed at their Purok 7,
Dagum residence in a simultaneous raid with that on Alebario’s
residence, the NBI said that his arrest has no connection with the
Judge Navidad slay case.
“Sa ngayon, so far
walang ebidensya na mag-uugnay sa nangyari sa pagpatay kay Judge
Navidad, pero nakuhanan namin siya ng firearm; ipapa-ballistic pa
namin yun, at hihintayin namin ang result,” the NBI said.
It was reported
earlier by some media outlets that Tarrayo’s arrest was connected to
the Navidad slay, and that he was tagged as the mastermind.
Tarrayo was charged
with illegal possession of firearms after a .45 pistol was found in
his residence during a raid by virtue of a search warrant also issued
by Judge Reynaldo Ros. His lawyer Ernesto Peñaflor said he was able to
post an P80,000 bail on the same day he was arrested.
On March 24 in the
weekly regular press conference held at Handumanan Bldg., Calbayog
Police Chief Supt. Isaias Tonog said that they had to stop their
investigation because the NBI had come out with their suspect. He
added that “May-ada gad kami 2 nga testigo dinhe pero nahadlok ngan
lumarga kay may mga death threats kuno ha ira pati an ira pamilya.”
Meanwhile,
Alebario’s mother, Elena, is growing concerned about her son.
Interviewed by this reporter, she said that she intends to travel to
Manila where, reporters’ last inquiry with the NBI revealed, the
younger Alebario voluntarily went with his captors.
