People of the Philippines vs Xander Ford Murder

Facts:

On or about 8 oclock in the evening of September 17, 2017, respondent Xander Ford, who
was earning his livelihood as a construction worker was on his way home when he was allegedly
invited by the victim, Daniel Padilla, to have a simple drink at their house with his cousin, Enrique Gil.
While they were having their drinking spree, a heated argument allegedly occurred between Xander
Ford and Daniel Padilla. Thereafter, respondent, Xander Ford, allegedly left the place and
approximately two (2) hours later, came back with a .45 caliber pistol and then wilfully, feloniously,
and with evident treachery shot Daniel Padilla at the back who was allegedly singing a karaoke and
fell down on the ground initially but got back up to escape, however, he was shot again multiple non-
fatal shots to prolong his suffering and agony, he subsequently died thereafter from loss of blood.
Thereafter, Xander Ford walked away and went home.

The version of the complainant narrates that Daniel Padilla with his cousin Enrique Gil were
having a drink and singing videoke outside Daniels house when they saw respondent, Xander Ford,
who is a friend walking on the street and thereafter invited by Daniel Padilla to join them. While
Enrique Gil was singing on the videoke, he heard Daniel joking about the appearance of Xander Ford
in which infuriated the later and an altercation ensued. The respondent walked away, unperturbed
Daniel with Enrique just proceeded with the videoke and their drinking spree. Two hours later, around
10:00 in the evening, while Daniel was singing when Xander returned, Enrique who was situated
behind Xander saw him take out from his shorts a .45 caliber pistol and shot Daniel twice from the
back. Daniel fell from the ground and Enrique, fearing for his life, ran as fast as he could to hide.
Enrique saw Daniel got back up and tried to run and beg but was hit with a multiple non-fatal shot
until he fell back to ground and died of blood loss. Thereafter, Xander Ford walked away from the
scene. Because of the noise, the family of Daniel went outside to see what happened and they found
the body of Daniel lying on the ground.

At around 10:15pm, SPO4 Richard Gomez, received a call from a concerned citizen who
identified himself as Enrique Gil informing that there was a shooting incident transpired at Brgy.
Mexico, Cebu City.

Around 10:30pm, in connection with the preceding call, the PNP team led by SPO1 Richard
Gomez, SPO1 James Yap and PO2 Sarah Geronimo left the station and proceeded to the place of
incident to verify the veracity of said report and to conduct investigation. The victim was brought to
Chong Hua for medical examination and was pronounced dead on arrival, cause of death was
haemorrhage due to blood loss and was referred to City Health Officer, Dr. Koko Pimentel, for autopsy.

Around 11:30pm, the same PNP team returned to the station and endorsed the suspect
identified as Xander Ford, 25 years old, single, and a resident of Brgy. Mexico, Cebu City. The accused
was apprehended at around 11:00pm in his house at Brgy. Mexico, Cebu City and surrendered his
person and the .45 caliber. The victim was one, Daniel Padilla, 25 years old, born on June 1, 1992 and
a resident of Brgy. Mexico, Cebu City.