ILOILO CITY - The Regional State Prosecutor's Office has charged with murder a town mayor of Aklan for the killing of broadcaster Herson Hinolan after a reinvestigation of the case.

In a six-page resolution dated December 5, 2005, Assistant Regional State Prosecutor Virgilio Garcia ordered the filing of charges for murder with treachery against Lezo town Mayor Alfredo "Fred" Arcenio before the Aklan Regional Trial Court Branch 2.

The resolution amended the homicide charge filed on March 3, 2005 against Arcenio by the Aklan Provincial Prosecutors Office.

In his resolution, Garcia said that, based on testimonies of prosecution witnesses Peter Melgar, Marjorie Icamina and Eddie Etrata, there was probable cause to charge Arcenio with murder.

Garcia who conducted the reinvestigation after the Aklan Provincial Prosecutors Office asked to be inhibited from the case, said there was treachery in the killing Hinolan.

On May 4, 2005, the Aklan RTC Branch 2 suspended the arraignment of Arcenio and ordered the provincial prosecutor's office to re-investigate the case after Hinolan's lawyer, Napoleon Oducado, questioned the resolution.

Hinolan was repeatedly shot on Nov. 13, 2004 as he was urinating near a carnival in the capital town of Kalibo, Aklan. He died two days later from at least seven gunshot wounds.

He was the station manager of dyIN Bombo Radyo in Kalibo and hosted the station's morning program "Bombohanay Bigtime".

Garcia said the shooting "was not only attended with impunity but that the act proceeded from a determined mind…"

He said the accused fired three successive shots at the victim who was unable to defend himself.

Garcia dismissed Arcenio's alibi, supported by testimonies of defense witnesses, that he was not in Kalibo during the time Hinolan was shot. The mayor claimed he was in Numancia and Lezo towns on November 13, 2005 up to 3:30 p.m. the next day.

Citing jurisprudence, Garcia said that alibi as a defense "deserves the barest consideration."*NPB

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