A Kabankalan resident was sentenced to death yesterday for robbery with homicide aggravated by treachery.

Judge Henry Arles of the Kabankalan Regional Trial Court yesterday sentenced Pedro Malacapay, alias Miloy, to suffer the supreme penalty of death for killing Salvador Alvior Jr., 35, and to pay his heirs P50,000 as civil indemnity and P220,000 in moral, exemplary and actual damages.

The case against his co-accused Joefrey Libo-on, alias Panoy, was placed by the judge in the archives to be revived on his apprehension.

At about 3 p.m. on April 18, 2002 Salvador Alvior Jr. was driving his Honda motorcycle along the highway at Sitio Feria, Barangay Oringao, Kabankalan with Jennifer Zamora and her househelper, Nilfa Yalon, as his passengers when Libo-on shot him, the court was told.

After shooting the victim Libo-on ran away while Malacapay went near the victim and shouted at Zamora to turn over their money.

Zamora said she asked Malacapay why they had to shoot her companion when they could have just told them what they wanted, but he just told her to take out her money and after getting the wallet, he ran away. Malacapay is the half-brother of Libo-on.

Malacapay was arrested only on June 26, 2002, more than two months after the incident at Purok Ubay, Barangay Guinpana-an, La Carlota, the judge noted.

The shooting of Alvior by Libo-on was so swift that he never had a chance to defend himself, the judge added.

"The means employed by the accused undoubtedly insured the execution of the crime without any risk to themselves. They were all armed and they waited in ambush for the victims who…were unarmed and utterly unaware of the impending danger awaiting them," the judge said.

"The manner in which the two accused perpetrated the crime of lurking in the highway even during daytime waiting for unsuspecting passersby as their prey, shooting them without regard to precious life simply just to stop and rob them of their money is abominable and deserves utmost condemnation," the judge said.*CPG

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