DUMAGUETE CITY, Philippines – A government prosecutor has ordered the release of a councilor of Bacong town in Negros Oriental pending further investigation on the charges of illegal possession of firearms filed against him and two of his workers.
Assistant Provincial Prosecutor Ramon Antonio Vicente Rocamora explained that while respondent, Councilor Jason Laure, claimed ownership of the weapons, responding policemen from Sibulan town did not seize these directly from him.
Instead, the high powered firearms were confiscated allegedly from the actual possession of Laure’s employees, Christopher Palalon, 37, married, of Zamboanguita town, and Renato Belocora, 25, single, of Brgy. Nangka in Bayawan City.
The three were arrested Tuesday evening at a quarry site in Barangay Looc, Sibulan following a call from a concerned citizen who said armed men had fired their weapons.
The police got from Palalon a caliber 223-556 M4 (Serial No. JCS-032568) loaded with a magazine containing 29 rounds of live ammunition, and from Belocora a KG-9MM sub-machine gun (serial no. 471072) and loaded with a magazine with 23 rounds of live ammunition.
Rocamora conducted the inquest proceedings Wednesday afternoon after the arresting policemen filed a formal complaint against the three suspects. While Laure walked away from detention immediately after the complaint was filed and after the inquest proceedings, Rocamora said it did not mean that he is now “scot free.”
The prosecutor explained that Laure’s lawyer, Rodrigo Icao, had raised the validity of the arrest, noting that the councilor, who “professed to be the owner of the firearms, claims he is legally entitled to possess the same having the mission orders.”
The mission orders being referred to were those issued by the intelligence officer of the 11th Infantry Battalion of the Philippine Army based in McKinley, Guihulngan City, about 100 kilometers north of this capital.
“It would appear that the proper charge for him (Laure) will be under Paragraph 5, Sec. 1 of PD 1866 as amended where a person allows another person to use it,” said Rocamora. This specifically points to a person in possession of a firearm or firearms to allow another person or persons to use the same.
The argument of the defense was that since the two other accused are still being charged and not yet found guilty, “it would seem that charging him (Laure) would not be proper yet,” said Rocamora.
The prosecutor further explained that there are two instances under this specific provision, namely, when a firearm under question is licensed or not. “If licensed, there seems to be a requirement that the person allowed to use it must first be found guilty, considering the two were found in actual possession,” Rocamora said. “If we presume that the firearm is not licensed, he can be immediately charged under this provision,” he added.
Palalon and Belocora, meanwhile, have opted for a formal investigation and signed a waiver of their rights under article 125 of the Revised Penal Code which allows for their detention for 15 days pending investigation, said Rocamora.
In Laure’s case, Rocamora said that since certain legal issues have to be determined first and “he has come up with a semblance of legality” in possessing the firearms in question, the charge against the Bacong councilor has been shifted to regular filing for preliminary investigation which he can resolve within 60 days.
By “semblance of legality”, Rocamora was referring to the two MOs bearing the same number, 024-EA-11, and dated February 01, 2012, issued in the name of CA (confidential agent) Jason Laure. The MOs were signed by a certain 1st Lt. Chino L. Cornelio, intelligence officer of the 11th IB.
The MOs had a validity date until April 29, 2012 and clearly specified the name, make, model and serial numbers of both the firearms that the police confiscated from the possession of Palalon ang Belocora. (FREEMAN)