The on-duty police investigator of Kalibo Police Station testified that on April 1, 2010 she was informed of the shooting incident in the house of Margie Ticar in Sto. Nino Village , Kalibo, Aklan upon arrival of the responding team who responded to the said place after receiving a telephone call from a concerned citizen. SPO4 Reynaldo Macahilig told her that a .45 caliber was turned over to them by certain Karen Ticar, also living in the house of Margie Ticar, and who allegedly found the gun on the ladder going to the second floor of their house.

Zandrix Torres, one of the witnesses they interviewed at the police station alleged that he attended the birthday celeb at the house of Margie Ticar, and that he had a conversation with certain Sandro. When he asked permission to leave as they fiished conversing each other, he was shot outside the residence allegedly by Rosao Timban.

A ballstic examination (Exh. “H”)was conducted o the said firearm. Likewise, an examination of he bullet was also conducted (Exh. “G”) as well as paraffin test (Exh. “I”)

She ffiled separate case of Attempted Homicide (Exh. “E”) against herein accused.

She filed the instant case at the height of the national election period.

When cross-examined, she affirmed tht the gun was turned over to the arresting officer by Karen Ticar, who told them that she found the gun o the rest area of the stairs going to the secod floor of the house adjacent to a open window. That the .45 caliber pistol he submitted for ballistic examination was allegedly owned by the suspect/accused. Paraffi test (Exh. “I”) taken from both hads of suspect Rosao Timban revealed that he is negative of gunpowder nitrates, nonetheless, she filed the instant case. She never requested for re-testing of paraffin examination.

On re-direct, she got the result of the paraffin test a month after she had filed the attempted homicide case.

SPO4 REYNALDO M. MACAHILIG, testified that he was on-duty at Kalibo police stationin the evening of April 1, 2010 when they were informed of a commotion through telephone call of a concerned citizen. Together with PO2 Oleggario, PInsp Ufano, PO3 Macario ad PO2 Martin he responded to Sto. Nino Village New Buswag Kalibo particularly in the house of Ms. Yacub and conducted an investigation.

Zadrix, the complainant told them that he ws shot

Jan 29, 2015

CONT. SPO4 REYNALDO MACAHILIG TES.

When the gun was presented in court, he identified a .45 caliber with Serial No. 342213 loaded with 4 live ammunitions to be the gun that was turned over to him by Karen Ticar. This was the same gun used allegedly by Rosano in shooting at Zandrix . He turned over the gun to his fellow police officer when he arrived at the station.

On cross, he affirmed that Karen entered the room and carrying already the gun when she went out and turned it over to him. He was not told whether or not the gun was found at the forth step f the stairway upstairs nor was he told of the opened window adjacent to the stairway. He did not investigate Karen how long the gun was in her possession before giving it to him.

He was told by Karen that it was the gun allegedly used by Rosano in shooting Zandrix. But as to the circumstances behind the shooting, as to how it transpired,

is the fact that he do not know as he was not the one who conducted the follow-up investigation. He forgot the name who did the follow-up investigation.

When they responded to the house of Margie, Zadrix was there. He was told that there was a birthday party in the house the reason why Rosano and his children were there also.

He was told that Zandrix was the one who attack Rosano (Check this fact-p.7). There was paraffin test conducted to Rosao but he do not know the result or seen the result up to the present.

ZANDRIX T. TORRES, 39 year old, unemployed and a resident f Bliss Site, Kalibo, Aakla testified that he was at the house of his aunt Margie (Yacub) on April 1, 2012 at around 9:00 in the evening attending the birthday party of his half-sister Lucky Joy. He came with his companions Maricon, Franco and Joseph Ariel. They had a drink.

Rosano was likewise there as he is staying in her Aunt’s house (maybe) as boarder. While drinking, he confronted Rosano about the affair he has with his half-sister. They argued, then, his Aunt intervened and told them (he and his companions) to go home.

When he was on his way out of the gate, he heard a shot and when looked back he saw Rosano upstairs, standing by the door of the second floor, aiming his gun towards him. He recognized Rosano because the second floor was well-lit and the place where he was allegedly shot has a distance of 10 meters away from where Rosano was. He told his companions to call for police assistance.

When the policemen arrived, he pointed Rosano inside that he has a gun. In open court, he has identified Rosano Timban.

He did not know if Rosao was subjected to paraffin test nor was he aware of its result. He did not bother to ask the police as his purpose is only to have the incident recorded in the blotter. He likewise, do not know where Karen recovered the gun; that Rosano’s motorcycle was severely damaged by him; that Lucky Joy

brought Rosano upstairs because he was violent with bottle of beer; that Lucky Joy was then attending Rosano upstairs of his head injury; that it was Lucky Joy who surrendered the gun to the police authorities.

ROSANO TIMBAN, 37 years old, unemployed and a resident of Dumatad, Tangalan, Aklan testified, that he is the same Rosano Timban, accused of illegally possessing a firearm. He identified his Judicial Affidavit which he prepared in connection with this case and that the same will form part of his direct testimony. He likewise, affirmed and confirmed the authenticity of its contents.

He alleged that Zandrix filed the instant case out of jealousy because there is love triangle between them and Lucky Joy. But he denied having a relationship with Lucky Joy as they were close friends only.

He was at Alice Ticar’s place to attend the birthday party. Zandrix was intoxicated when he arrived in the occasion. They have altercation, then, Zandrix hit Rosano with a bottle. Rosano did not hit back, instead, he was brought upstairs by Lucky Joy and Marjorie to avoid further distress.

He could not recall of any gunfire that evening of April 1, 2010 but a gun was confiscated from Karen Ticar.

He was apprehended near the house of Alice Ticar but he did not know the reason of his arrest. Neither during the arrest nor at the station was the gun shown to him. He does not even know the calibre of the gun. He only saw the gun when presented in Court.