Ex-Abra gov Valera cleared of gun raps

MANILA, Philippines - A Quezon City court has acquitted former Abra governor Vicente Valera of illegal possession of firearms charges, which were filed after he was implicated in the murder of his political rival, former lawmaker Luis Bersamin, in 2006.

Judge Tita Marilyn Payoyo-Villordon of Regional Trial Court Branch 223 acquitted Valera of two counts of violating Republic Act 8294.

“It is worthy to reiterate that this court entertains serious doubts as to whether the firearms were indeed possessed by the accused when it was found in the vehicle, considering the circumstances of the search made,” the decision stated.

Court records showed Valera was arrested on Dec. 29, 2006 while aboard his brand new Chevrolet Suburban at a gas station along Commonwealth Avenue. Valera and his companions were flagged down because the vehicle had no license plate and had a siren.

The Traffic Management Group charged the former governor with two counts of illegal possession of firearms for a reportedly unlicensed .45 caliber Colt pistol and a grenade allegedly belonging to him.

Records showed other firearms were found inside the vehicle, but Valera’s companions were able to present the required papers for them.

At that time, there was no arrest warrant yet out for Valera in connection with Bersamin’s murder. The former governor still faces murder charges for allegedly masterminding the assassination of Bersamin on Dec. 16, 2006 outside a church in New Manila.

In her decision, Villordon said the prosecution had admitted that Valera’s arrest at the said gas station was made without any arrest warrant.

She said there was no warrant for the search or seizure of the firearms, or for the governor’s arrest.

“The searches made upon the vehicle of the accused by police officers on Dec. 29, 2006 are invalid, and all evidence obtained during such search is absolutely inadmissible being ‘the fruit of the poisonous tree,’” Villordon said.