A court in Lapu-Lapu City has sentenced to five years in prison one of the suspects in the killing of lawyer Arbet Sta. Ana-Yongco for illegal possession of firearm and ammunitions three years ago.
Municipal Trial Court in Cities Judge Ester Veloso also fined Heracleo Rallestan P15,000 after finding him guilty of the offense.
The case stemmed from the arrest of Rallestan and seven other men at a police checkpoint in Lapu-Lapu City on December 3, 2004. Prior to their arrest, members of the Special Weapons and Tactics team received information that an armed group would be entering the city in the evening of that day.
Seized from the group were a .32 caliber revolver, 24 live ammunitions of a .32 caliber revolver, and seven live ammunitions of a .38 caliber revolver.
Veloso, however, cleared from charges Nestor Carrol, Rosalito Oaper, Elpidio Amarila, Michael Baylon, Arjulyn Gallarda, Damiano Esconde and Richard Caballero for failure of the prosecution to prove their guilt.
Rallestan had "readily acknowledged" the .32 caliber revolver in his possession and presented to the police a Mission Order purportedly authorizing him to carry the gun.
The Mission Order in question appears to have been approved by a certain Captain Vedasto A. Cabales Jr., assistant chief of staff of the G2 of the military's 53rd Engineering Brigade based in Camp Lapu-Lapu, Cebu City. It covered Regions 6, 7, 8 and the National Capital Region.
But Veloso said this "raises questions on his (Cabales') authority to issue the Mission Order to the accused Rallestan" since Cabales refused to certify the document.
Meanwhile, the defense could not present adequate and convincing proof of the legality of Rellastan's possession of the firearm and ammunitions nor did it bothered to call to the witness stand the person who issued Rallestan's Mission Order to authenticate the document.
"Interestingly, the ballistics report described Rallestan's .32 caliber firearm as homemade and without any trademark. This only reinforces the court's belief that the firearm in question could not have been government property or government issued," Veloso said in his decision.
The judge said Rallestan also failed to present the memorandum receipt for the firearm to prove that the government owned it and that it was duly issued to the accused.
"As earlier stated, since the firearm was merely homemade and without trademark, it is clearly not a firearm that the government would issue to its military personnel. The court thus finds the said accused liable for the crime charged," Veloso. - Joeberth M. Ocao/LPM