German acquitted of illegal firearms possession charge

CEBU, Philippines - The court has acquitted a German national who was charged with illegal possession of firearms and ammunition by his former live-in partner who was also arrested for human trafficking months after.

In a 15-page decision, Judge Kits Enriquez of the Municipal Circuit Trial Court in Boljoon, Cebu found Udo Alfred Hans Kalthoff not guilty of the charges for the failure of the prosecution to prove guilt beyond reasonable doubt.

Kalthoff was arrested on October 15, 2010 by the National Bureau of Investigation for having an unlicensed firearm in his house in Alcoy town by virtue of a search warrant issued by Regional Trial Court Executive Judge Meinrado Paredes.

His former live-in partner, Lilian Masangkay, went to the NBI and informed that Kalthoff has a gun hidden in his house.

Masangkay claimed to be the owner of the gun and alleged it was stolen by Kalthoff.

But the court was surprised to learn that Masangkay, when separated from Kalthoff, left and forgot the firearms but was able to bring all the documents relative to the possession of the firearm.

“This is not normal for a person who buys a firearm, yet, she left or forgot the firearms itself,” Enriquez said.

The court also believes deception was employed by the NBI in applying a warrant at the RTC.

A police prosecutor manifested that he can see the nipa hut but could not see the table where Kalthoff allegedly was seen cleaning the subject firearm during the surveillance.

The court also noted that the lone prosecution witness, lawyer Bernard dela Cruz of NBI, was not straightforward in his testimonies while Kalthoff remained consistent and answered questions spontaneously upon cross-examination.

The court ordered the turnover of firearms and bullets to the proper authorities for disposal.

On March 2011, Masangkay was arrested by the operatives of the Criminal Investigation and Detection Group-7 by virtue of a warrant of arrest for qualified trafficking in persons issued by Judge Toribio Quiwag of the RTC in in Lapu-Lapu City.

Masangkay is now detained at the Lapu-Lapu City Jail. —/ATO (FREEMAN)