Pasay fiscals face raps for gun-toting mayor's release

MANILA, Philippines - Philippine National Police (PNP) chief Director General Jesus Verzosa ordered yesterday the filing of administrative charges against a Pasay City prosecutor for the questionable release of an Albay mayor arrested for carrying a gun and a fake gun ban exemption.

He said inquest prosecutor Manuel Ortega and city prosecutor Elmer Mitra could be charged with violating the anti-graft and corrupt practices law and grave abuse of discretion for releasing Malinao, Albay Mayor Avelino Ceriola.

At the same time, Verzosa ordered the officials of the PNP-Aviation Security Group to immediately file a motion for reconsideration on Ceriola’s release.

Ceriola was arrested Monday morning at the Ninoy Aquino International Airport Terminal 2 in Pasay City for carrying a .45 caliber pistol while about to board a flight bound for Legazpi City.

Operatives of the PNP-ASG maintain Ceriola presented a suspected fake Permit to Carry Firearms Outside of Residence (PTCFOR) purportedly issued by Commission on Elections Commissioner Lucenito Tagle, chairman of the Comelec committee on the ban on firearms and security personnel.

During inquest proceedings on Tuesday, police officers presented to Ortega the documentary and physical evidence of the case through a formal referral signed by ASG’s Senior Superintendent Napoleon Cuaton, which included the affidavit of arrest executed by Police Officer 3 Alex Rico, a Comelec certification signed by Josellyn de Mesa that there was “no issued gun ban exemption” to Mayor Avelino Ceriola.

Aside from the documents, police officers also presented a .45 caliber Para ordnance pistol with serial number WF3979 with two magazines and 25 bullets, a boarding pass, and a photocopy of the alleged fake PTCFOR with control no. 0505-010710-0012GE.

Police also submitted during the inquest proceedings the booking and arrest sheet, Ceriola’s medical certificate, and receipt of property seized.

“Despite the evidence presented during inquest proceedings, Ortega issued an inquest resolution approved by Mitra finding lack of probable cause sufficient to sustain respondent’s formal indictment in court,” Verzosa said.

Verzosa said Ortega’s inquest resolution stated the “subject gun or firearm and ammunition were not actually presented during inquest proceedings and that no affidavit or sworn statement vis-a-vis the gun ban exemption request for Comelec certification was also submitted or presented during inquest proceedings.”

The STAR tried but failed to contact Ortega and Mitra.

Verzosa bewailed the apparent lack of support of the government prosecutors in the campaign against election-related violence.

He said that in Abra, politicians allegedly exerted undue influence over prosecution and judicial authorities in cases involving loose firearms and partisan armed groups.