CA affirms conviction for gun ban violation

CEBU, Philippines - The appellate court affirmed the decision of the trial court convicting a man for violating the COMELEC gun ban in relation to Section 261 of Batas Pambansa.

Associate Justice Ramon Paul Hernando said the trial court did not make a mistake in rendering a judgment of conviction after the accused-appellant Erwin Dela Cruz failed to present evidence that he was authorized to carry firearms and ammunitions outside his residence.

In the afternoon of May 11, 2007, port police officer Adolfo Abregana was on duty at the terminal of the Cebu Domestic Port in Pier 1-G when he was called by port personnel Arcie Igot.

Igot told him that there were three firearms and ammunitions inside the bag owned by the accused-appellant.

Abregana said when he asked accused-appellant if he owns the bag, the latter answered in affirmative but could not present the necessary documents which resulted to his arrest.

In his testimony, accused-appellant denied owning the firearms.

“Every time I took a vessel, my baggage always passed by the x-ray machine and nothing illegal was found,” he said.

Accused-appellant was about to board a vessel going home to Iloilo.

However, the trial court convicted him and sentenced him to suffer one year imprisonment.

Accused-appellant then appealed the case before the Court of Appeals citing the trial court erred in convicting him. He said the prosecution failed to prove his guilt beyond reasonable doubt.

Hernando, in his nine-page decision, denied the appeal of the accused-appellant.

“The defense failed to show that the prosecution witnesses were motivated by improper intention in testifying against the appellant. They were in the performance of their duty when they observed the presence of the live ammunition in the baggage of dela Cruz which led to the filing of charges against him,” the decision reads.

Hernando added that accused-appellant likewise failed to show evidence to support his claim.

“He was not able to present any piece of documentary evidence to show that he has authority to carry outside of residence firearms and ammunition during the period of effectivity of the gun ban in an election time,” the decision further reads. —/MIT (FREEMAN)