Lawmaker to lose gun license after suicide try

MANILA, Philippines - Cagayan de Oro Rep. Benjamin Benaldo used his licensed firearm in an alleged suicide attempt in his office at the House of Representatives on Thursday.

Records from the Firearms and Explosives Office of the Philippine National Police (PNP) showed Benaldo owned a 9mm Sig Sauer P239 pistol with serial number SA125465.

The firearm’s registration, with listed address at Kauswagan, Cagayan de Oro City in Misamis Oriental, will expire in 2015.

Police, however, said Benaldo will have to explain why he was carrying a firearm with expired permit to carry firearms outside residence (PTCFOR).

Senior Superintendent Ruben Zapanta of the PTCFOR secretariat said Benaldo’s permit to carry expired on March 22, 2012.

He said there was no record that Benaldo applied for the renewal of his permit.

Under the law, a PTCFOR is issued to private individuals, government employees, uniformed personnel, elected officials and retired policemen, Armed Forces of the Philippines and senior citizens.

The policy states that it would be illegal for an individual with no PTCFOR to bring his/her firearm outside residence, and violators face illegal possession of firearms charges.

As a matter of policy, the PNP issues PTCFOR to individuals with death threats, verified by local, provincial and regional police units.

A gun license is renewed every two years while the PTCFOR expires yearly.

FEO director Chief Superintendent Raul Petransanta said only one gun was registered to the lawmaker.

PNP spokesman Chief Superintendent Generoso Cerbo Jr. said the FEO will wait for the result of the investigation of the Quezon City Police District (QCPD) on the incident before taking any action.

“On the revocation issue, FEO will wait for official findings of the incident,” Cerbo said.

FEO chief Petrasanta added though that “a case of attempted suicide by gun owner is a ground for revocation” of license.

Petrasanta said Benaldo’s gun license was tagged as a “UI” or under investigation status.

“We are awaiting report of QCPD investigation before we can convene and deliberate license status with the board on Firearms License Revocation & Restoration Board,” Petrasanta added.

Nobody shot Benaldo

Police, on the other hand, ruled out foul play in the shooting of Benaldo.

“There was no one inside the office at the time of the incident. And before you could get to his office, one would have to pass through the area where his staff members were,” QCPD director Senior Superintendent Richard Albano said.

But as to the question of whether it was an accident or failed suicide, Albano said the police have yet to establish the facts.

He said they were respecting the privacy of the lawmaker and his family.

Albano said it would be up to Benaldo to clarify the incident if he wanted to.

“He was the only one inside the room so no one else, apart from him, can say what really happened,” Albano said.

Albano suggested it could not be suicide since there was no suicide note at Benaldo’s office when investigators went there late Thursday.

Police officials led by Albano were at Benaldo’s office at Room 512 of the House of Representatives from late Thursday through early morning yesterday trying to get details of the incident.

Speaker Feliciano Belmonte Jr. and Marikina City Rep. Romero Quimbo were among the first lawmakers to visit Benaldo at the New Era hospital where he was initially brought for treatment.

“Right now, the incident continues to be thoroughly investigated and I hope that we all respect the privacy of the family at this time and avoid any speculations,” Belmonte said.

“Benjo (Benaldo) has not disclosed his reasons for what happened and may do so at the right time… what is important is that he is alive and in recovery which we all are grateful for,” he said.

In a statement, Belmonte said the gunshot wound on Benaldo’s chest “indicates (that) he attempted to take his own life.”

Belmonte ordered House sergeant-at-arms Nicasio Radovan to coordinate with the QCPD in the investigation and issue a full report on the incident.

Quimbo, for his part, said he was able to have a few words with his colleague at the hospital but could not ask him directly what happened in his office.

“I felt it was not appropriate at that time to ask him but he told me that ‘I will survive what I’m going through now’,” Quimbo said, quoting Benaldo.

“I’m a bad weed, I’ll live,” he quoted Benaldo as saying in Filipino. “I joked that we’re the same.”

When asked whether he thought Benaldo tried to take his own life, Quimbo said, “It looks that way.”

‘Room was bare’

A source in Congress described Benaldo’s room as “bare,” owing to the fact that the lawmaker, who lost his reelection bid in the May 13 elections, was preparing to vacate his office.

This was also supported by photos obtained by The STAR of the lawmaker’s office where the shooting occurred around 7:30 p.m.

“Almost all his things were no longer there. He really was preparing to leave the office,” the source said.

The same source cited an account of the last three days before the incident when Benaldo reportedly said he wanted to be alone.

Benaldo’s 9 mm Sig Sauer P239 pistol was found nearby after a staff member saw Benaldo slumped and bloodied on a chair after hearing a gunshot from an adjacent room.

The trajectory of the bullet that entered Benaldo’s chest was downward, which also apparently saved the lawmaker’s life, with the bullet missing his heart.

Benaldo was rushed to the New Era hospital and later transferred to St. Luke’s Medical Center. He was declared in stable condition.

According to staff members Edmar Zurigao, Anton Villafranca and Elmer Ladra, their boss even said goodbye to them before the incident.

But their affidavits did not give a picture of what led to the shooting. In fact, when Villafranca was asked about why it happened, he only replied, “Wala po akong alam (I knew nothing).”

In his affidavit, Zurigao said he was with Villafranca, who was getting a massage from a blind masseuse inside the office of the lawmaker.

At around 5:30 p.m., Benaldo arrived with his driver Ladra.

Benaldo went straight to his room and then went out again, handing money to his employees and payment for bills. Benaldo then said: “Thanks for everything.”

Zurigao said Villafranca asked the congressman why he said that but Benaldo did not answer and went back to his room.

It was at around 7:30 p.m. when they heard a gunshot, with Ladra checking on the room where Benaldo was alone.

Ladra saw Benaldo on his chair with a gunshot wound on the left side of his chest. Ladra then called for Villafranca, who went to the room and saw the congressman slumped in a chair.

Villafranca told police he saw the gun on top of the table and heard Benaldo saying: “Anton thanks for everything.”

The staff members then called for an ambulance.

Before Thursday night’s incident, Benaldo had figured in a controversial marital dispute with Brazilian model Daiana Menezes, whose tweets prompted insinuations she could be a battered wife.

The couple eventually came out in the media denying the insinuations, but admitted they had marital problems.

Menezes has yet to issue a statement.

A senior lawmaker noted Benaldo was being threatened with criminal charges on the attempt to end his life. But he said Benaldo could not face any criminal charges.

“Under the Revised Penal Code, only persons who assist in a suicide are criminally liable. But the victim himself has no criminal liability and the Supreme Court held that the victim is to be pitied not condemned,” said the lawmaker, who refused to be identified.

Other lawmakers said that allowing firearms in Congress would depend on the rules approved by the House and the Senate at the start of a new Congress.

Sen. Panfilo Lacson, a former national police chief, said he carries his firearm inside Senate premises.

“It depends on the rules of the House. In the Senate I always carry my gun for self defense, just in case someone gets crazy enough… at least I could defend myself,” he said.

Escudero said current Senate and House rules disallow the carrying of firearms inside the plenary where lawmakers would hold regular session.

Senators are usually not subjected to gun check upon entering Senate premises since they have special access to the basement parking inside the GSIS building occupied by the chamber in Pasay City.

Since the senators are VIPs, Senate security does not subject them to body search, observers noted.

For his part, Quezon City Rep. Winston Castelo said it would be almost impossible to ban firearms in the Batasang Pambansa complex as many lawmakers have credible threats on their life.

Castelo said the right to own firearms is, in effect, guaranteed by the Constitution.

“It is really on a case-to-case basis. Responsible gun ownership really depends on the psychological profile of the owner,” Castelo said. –  With Paolo Romero, Janvic Mateo, Christina Mendez