Firearms seized in Danao

CEBU, Philippines - Assorted firearm accessories and 10 of unfinished .45 caliber pistol worth P120,000 were seized by the Danao City police in an operation Monday afternoon in Barangay Suba, Danao City.

In a separate development, the appellate court reversed the ruling of the lower court convicting a member of the Central Command and a member of Task Force Delta Traffic Division, Danao City for illegal possession of firearms.

In Monday’s police operation, a team led by SPO4 Nilo Pantoja of the Danao City Police Station was conducting surveillance on an illegal numbers game in the area when they spotted, in plain view, the loose firearms.

No one was arrested, though, after those who were around scampered in different directions upon seeing the presence of the police.

Police received reports of the rampant illegal numbers game in the area which prompted Supt. Ricky Delelis, Danao police chief, to do surveillance at 2:00p.m.

Delelis said that when people saw them ran to elude arrest, they then conducted a search and found the firearms placed on a table inside an abandoned nipa hut.

 Delelis said each firearm would cost about P12,000 when sold. He added they already have names of those who were involved in the loose firearms trade but they have yet to validate such.

“We still have to check if siya ‘yung financier or siya ‘yung nagdala ng firearms para paninduton lang,” Delelis said.

The anti-illegal gambling operation was in line with the “one strike and no take policy” of the Philippine National Police as directed by PNP Chief Nicanor Bartolome.

Under such policy, police officials who will be found accepting money from known jueteng or illegal gambling operators will be dismissed and police commanders who will not be able to stop illegal gambling in their respective areas will be relieved.

Meanwhile, the Court of Appeals reversed the ruling of the lower court convicting Antonio Olvenario, a confidential agent of the Central Command and a member of Task Force Delta Traffic Division, Danao City.

Associate Justice Ramon Paul Hernando ruled that the trial court failed to appreciate the evidence presented by the accused and relied merely on the certification stating that the accused was not authorized to possess firearms and ammunitions.

“The only proof presented by the prosecution to prove the lack of authority is a certification. However, said certification is dated April 29, 2005, which is almost two years after the appellant allegedly committed the crime charged against him,” the decision reads.

 “Unfortunately, this certification is inconclusive to prove that on the very day the appellant was arrested, which is July 29, 2003, he did not possess any license or permit.”

This creates doubt on the guilt of the accused for the crime charged, he said.

It was on July 29, 2003 at 3:30 p.m. when the accused was arrested by the roving police officers after they seized from him a Colt Mark IV .45 caliber pistol with nine ammunitions and one German made .22 caliber magnum revolver with no license.

Based on records, the roving police were conducting surveillance at Fort San Pedro, Cebu City against illegal tour guides. While roving, a man approached them and pointed to the accused as gunrunner.

The police said they followed the accused who walked towards the Bureau of Customs. When they cornered him, SPO3 Ederic dela Cruz noticed that the accused was a member of Guardian Brotherhood, where he is also a member.

Dela Cruz then asked if he has a gun which the accused did not hesitate to show. The accused also present a memorandum receipt, a guardian I.D and RID-7 I.D. But because of the absence of the firearm license and a permit to carry firearm outside residence dela Cruz placed accused-appellant under arrest.

In his statement, accused-appellant admitted that he was the owner of the confiscated firearms but denied he has no license. He said being a member of the Central Command he was issued a mission order, appointment order and memorandum receipt.

He clarified that during his arrest he was at the Bureau of Customs monitoring the smuggling activities upon orders from the district collector. The accused appealed his conviction citing that the trial court made a mistake in convicting him because of the absence of the “complete elements of the crime charged.”

In his ruling, Hernando said he found the petition filed by accused-appellant meritorious.

— (FREEMAN)