Because usurpation charges is a lesser offense compared to illegal possession of firearms, the four men are not out on bail.
The four men were arrested by the Police Center for Aviation Security and the Military Intelligence Group after they were seen carrying guns. Several high-powered firearms, ammunition, and bogus police identification cards and mission orders were seized from them.
Arellano said he has not received any complaint against prosecutor Evangeline Gicale and assistant city prosecutor Geronima Baring, who approved and recommended the dropping of the illegal possession of firearms.
Arellano said the prosecutors were just following the law and existing jurisprudence when it charged Jessie Pepino, his brother Ronald Pepino, Richard Gulfan Orayan, and Crisologo Puzon.
Arellano instead blamed the system for excluding the charges of illegal possession of firearms.
"There is something wrong with our system," Arellano said over radio dyLA.
He said prosecutors are not members of Congress that can amend the law by themselves. Under the existing law, Arellano said, illegal possession of firearms could not be filed if there is another crime committed, but would instead serve as an aggravating circumstance against the accused.
Arellano's statement came after reports indicated that Secretary Raul Gonzales of the Department of Justice has ordered Gicale to submit all the records of the case and explain why the suspects were not charged with illegal possession of firearms.
Arellano also said he did not receive any written instruction from Gonzales directing him to investigate Gicale or ask her to explain. But, he said it could also be that Gonzales had directly ordered Gicale to explain.
Anti-crime crusader Teresita Ang-See has expressed disappointments for the release of the four suspects after posting P10, 000 bail each. Ang-See had told police that the four men were remnants of the Waray-waray KFR group and have pending warrants of arrest.
However, the police did not know about the pending warrants. The suspects had already left for Leyte. - Fred P. Languido