Jaworski son, driver indicted for attempted murder

MANILA, Philippines - The Makati City Prosecutors Office has found probable cause to indict the son of former Sen. Robert Jaworski and his driver for four counts of attempted murder.

In a resolution which was received by mail by the National Capital Region Police Office (NCRPO) on Wednesday, the resolution penned by Assistant City Prosecutor Gaudencio Tolledo Jr., it was recommended that Ryan Jaworski and his driver Joselito Au be charged in connection with the shootout that happened during the buy-bust last September 19 in Makati.

The resolution dated Oct. 13, 2015 also found Jaworski guilty of illegal gun possession.

The resolution also pegged the bail for Jaworski and Au at P120,000 for each count.

Meanwhile, the resolution dismissed the complaint filed by the NCRPO against Jaworski for illegal gun selling.

“There was no actual sale of the purported M4 Armalite rifle subject of the negotiation and the same was not recovered. Worse, if there was indeed a negotiation for the sale of the firearm, the sale was yet to be perfected by the parties. While Jaworski in fact did not deny that the negotiation that took place between him and the informant and later between him and the poseuer-buyer, the subject forearm is yet to be inspected by the would be buyer, in this case, the operatives, as can be gleaned from the text messages. The contract of sale not having been perfected, it can be said that the transaction of Jaworski is merely and offer to sell the firearm which is not punishable under section 32 (Unlawful Sale of Firearms) of RA (Republic Act) 10591 (Comprehensive Firearms and Ammunition Regulation Act),” read the resolution.

The resolution also dismissed the complaint filed by the NCRPO-RPIOU agents against Jaworski for assault on an agent of person of authority.

“In the case at bar, the evidence is bereft of any showing that Jaworski knew or could have possibly have known during the aborted buy-bust operation that the operatives are law enforcers. When the operatives conducted the buy-bust operation they admittedly were not in uniform. The claim of the police officers that they were wearing their IDs is highly incredible for no police officer in his right mind would want anything that would indicate he is a law enforcer during a buy-bust operation,” the resolution read. 

The resolution also dismissed Jaworski's counter-charges against the involved police officers for cases of frustrated murder. The first hearing of the case was set for November 11 at the sala of Makati Regional Trial Court Branch 139 Benjamin Pozon.

It would be recalled that in their 11-page comment, NCRPO-Regional Police Intelligence Operations Unit (RPIOU) operatives Inspector Joy Opalec, SPO2 Ronald Allan Antonio, SPO1 Dennis Venus, PO3 Noel Rechel Cruz, PO3 Joel Sanchez, PO3 Reynalad Cenon and PO2 Gerardo Navarro argued that Jaworski's motion to dismiss the complaints filed against him should be junked.

The RPIOU agents also argued that the September 19 buy-bust operation against Jaworski was valid on the ground that the shotgun being sold by Jaworski was unlicensed.

In their rejoinder, the police officers argued that although small arms maybe registered, they said the accused, Ryan Jaworski, is not the licensed or registered owner of the Benelli M4 Super 90 shotgun that was recovered from his car.

?“The respondent (Jaworski) is incorrect in trying to emphasize on his futile defenses and vain attempts to cast doubt on the legitimacy of the operation while on the other hand it is glaring that the respondent, using his personal cellular phone had been transacting with the RPIOU for the sale of the firearm he is not authorized to possess, and which he is not authorized to sell, and he even had the temerity and the audacity to bring it with him in a vehicle to meet up with the RPIOU operatives in a valid entrapment operation,” the agents said in their rejoinder.

?The agents also again requested the prosecutors office to allow the case, which is now undergoing preliminary investigation, to reach the trial stage and dismiss Jaworski’s plea to dismiss all the charges filed against him.

?“To begin with a preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial,” the police officers said. 

?Last September 28, the RPIOU agents asked the Makati City Prosecutors Office to junk motions filed by Jaworski son to dismiss all charges filed against him and for NBI to conduct parallel probe of alleged Makati shootout

?It would be recalled that accused Ryan Joseph Jaworski had earlier asked the Makati City Prosecutors Office to drop the criminal complaints filed against him by police in relation to alleged gunrunning.

?In a motion to dismiss all charges, the 40-year old Jaworski, through his lawyers Richard Nethercott and Terence John Dawang argued that the sting operation conducted by elements of the RPIOU of the NCRPO was flawed and illegal.

?According to Jaworski, the entrapment was set on the report that a certain Ryan Jaworski was allegedly offering an unlicensed M4 rifle for sale. However, Jaworski said that the firearm which he intended to sell was a licensed Benelli M4 Super 90 shotgun.

?“Hence from the outset, the purported buy-bust or entrapment operation was flawed, without basis and therefore illegal,” read the motion.

“In this case however, the purported subject did not have criminal intent to commit an offense according to the complainants themselves, as may be gleaned from the text messages presented, the purported subject merely acted as an agent offering for sale a licensed firearm. The property intended to be sold and being offered for sale was not an illegal or prohibited item,” the motion added.

?Jaworski, in his motion, also argued that he did not fire at the RPIOU agents during the alleged sting operation. Jaworski in his motion also stated that no hot pursuit occurred as claimed by police.

?“The incident allegedly happened along Chino Roces Avenue near corner Pasay Road, which is very near the Makati Medical Center. And to say that they made a hot pursuit is simply absurd,” the motion read.

?“Therefore, premises considered, all the charges against herein respondent Jaworski should be dismissed for utter lack of merit. The truth is respondent Jaworski is the victim in this case. The victim of police elements who resorted to violence when their illegitimate operation turned futile,” the motion added.

?Jaworski also filed a motion asking the Makati City Prosecutors Office to issue a subpoena on the Makati City Police Investigation Branch to produce and submit to the NBI all evidence gathered for a parallel processing and examination. He also asked the Makati City Prosecutors Office to issue a subpoena on the RPIOU to compel it to deliver to the NBI all the guns used by the operatives involved in the sting operation for forensic examination by the NBI.

?“Herein respondent and his family believe that since elements of the PNP are involved in this case, it is more appropriate that a neutral investigating body conduct its own investigation,” the motion read.