PNP files raps vs fiscal over gun-toting mayor's release

MANILA, Philippines - Police authorities filed criminal and administrative charges yesterday against a Pasay City prosecutor for malfeasance and grave abuse of discretion for ordering the release of a Bicol town mayor arrested for violating the election gun ban.

Gilbert Bueno, graft investigator of the Office of the Ombudsman, formally subscribed the complaint filed by officials of the Philippine National Police (PNP) Aviation Security Group (ASG) against assistant city prosecutor Manuel Ortega of Pasay City for the release of Malinao, Albay Mayor Avelino Ceriola.

In filing the complaint, ASG-National Capital Region’s Senior Superintendent Napoleon Cuaton said they have strong case against Ortega.

“We want to correct the wrongdoing, we believe it was irregular to release Ceriola after he has been subject to inquest,” Cuaton told reporters during a press conference.

Cuaton explained they did not include in the complaint before the Ombudsman Pasay City chief prosecutor Elmer Mitra, whose role was only ministerial.

The complaint stemmed from Ortega’s alleged abuse of discretion and malfeasance in handling the prosecution of Ceriola, who was arrested on March 15 at the Ninoy Aquino International Airport for carrying a .45 caliber pistol while about to board a flight bound for Legazpi City.

Ceriola yielded the handgun and presented a 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. A Comelec official issued a certification that Ceriola is not among those exempt from the gun ban.

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

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

Cuaton said the documents would prove that the ASG followed proper procedure, which Ortega allegedly tried to twist.