A Regional Trial Court judge yesterday ordered the acquittal of a man accused of illegal possession of a gun six years ago in barangay Lahug for lack of evidence.
Judge Estela Alma Singco of Cebu RTC Branch 12 yesterday acquitted Rolando Dacillo for lack of evidence from the prosecution to prove the guilt of the accused.
Dacillo was arrested May 26, 2002 after the Mabolo police responded to reports of an armed man in Lahug.
Police Insp. Juanito Pajantoy who responded to the said alarm said that when they reached the area, they saw men playing “tigbakay” (illegal cockfighting). The moment people started scampering away, Pajantoy said they saw Dacillo armed with a .45 cal. pistol which was confiscated upon his arrest by another arresting officer, PO3 Felisardo Gallego.
On cross-examination, Pajantoy who presumed that the confiscated gun was turned over to the prosecutors office admitted that he did not actually see the gun being taken from the accused because it was PO3 Gallego who confiscated it.
The station’s custodian, PO2 Rowena Sumaipong also said that she has no record of the subject gun being deposited at the station in May 26 or 27, 2002. She thought that the gun was kept by the arresting officers.
Singco in her three-page decision said that in crimes involving illegal possession of firearm, the prosecution has the burden of proving the elements of the existence of the subject firearm and the fact that the accused does not have the license or permit to possess the said gun.
“Said firearm was not presented in court or offered as evidence against the accused. There was no proof to show that said gun exists,” Singco said.
“Premises considered, the court finds the evidence for the prosecution inadequate to prove the guilt of the accused beyond reasonable doubt,” she added. —Jasmin R. Uy /MEEV