Kabankalan Judge Henry Arles yesterday sentenced a former member of the New People's Army to a maximum of 40 years imprisonment, or reclusion perpetua, for the crime of murder.

Arles found Rolly Apla-on Lucibar of Brgy. Tampalaon, Kabankalan City, Negros Occidental, guilty beyond reasonable doubt of killing Antonio Jimenez, and was ordered to pay the heirs of the victim P50,000 as civil indemnity and P100,000 in damages.

Arles also ordered the immediate remittance of Lucibar to the national penitentiary. He also issued an alias warrant of arrest for the apprehension of alias "Gameng" Lucibar, who was also involved in the case.
Court records show that on Feb. 4, 1996, the Lucibar brothers armed with high-powered firearms and bladed weapons conspired in shooting and stabbing Antonio Jimenez, then 22, who was on his way home with his brother Joseph, Danilo Lindayao, and Jerry Binggoy from a barrio fiesta in Sitio Cara-an, Brgy. Camansi, Kabankalan City.

Prosecution eyewitness Jerry Binggoy positively identified the Lucibars as the ones who waylaid and shot and stabbed the victim. He said he and his companions ran away and hid.

He said he saw Rolly Lucibar approach the victim who was already lying on the ground and repeatedly stabbed him. Jimenez died of multiple gunshot and stab wounds, court records show.

Arles said the defense of denial of Lucibar and his claim that the victim was shot, stabbed and killed by Inaque Turiaga and Bano Dahil-dahil and not by them could not be given credence. The accused failed to establish that it was physically impossible for them to be at the scene of the crime, Arles added.

It was manifested from the facts of this case that the two accused took advantage of their superior strength, since being armed with high caliber weapons, they simultaneously attacked the deceased in such manner as to weaken his defense that even cause his three companions to scamper and run for safety, Arles said.*DMG

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