Court of Appeals affirms conviction of Comelec gun ban violator

MANILA, Philippines - After nine years, the Court of Appeals (CA) finally affirmed the conviction of a man who was accused of violating the Commission on Elections (Comelec) gun ban after he was found carrying a pistol while watching a cockfight in Pangasinan.

In a three-page resolution, the former CA Special Sixteenth Division composed of Associate Justices Mario Lopez, Magdangal de Leon and Samuel Gaerlan denied the motion for reconsideration filed by accused George Imuslan.

In the resolution penned by Lopez, the CA gave weight to the testimony of witness Grace Germino who, in a “straightforward, concise and categorical” manner, identified Imuslan as the one holding the .45 caliber firearm.

Lopez said that even if there was no firearm recovered from the accused or presented in court, the motion he filed did not convince the CA.

“The presentation in court of the firearm used to violate the Comelec gun ban is not necessary to prove accused-appellant’s guilt beyond reasonable doubt,” the Associate Justices said.

“The Supreme Court has reiterated in several cases that the existence of the firearm can be established by testimony, even without the presentation of the firearm. What is important is that the elements of the offense are established beyond reasonable doubt,” they said.

CA records showed that the witness saw Imuslan carrying a .45 caliber firearm while watching a cockfight on April 12, 2001.

The accused said Germino mistook him for someone else and denied carrying the weapon. But the court ruled that “given the circumstances that Grace and George are neighbors and that Grace could not have been mistaken about George’s identity, the defense of the denial and alibi cannot stand in the face of positive identification.”