Arquillano brothers seek to post bail

CEBU, Philippines — Pending the resolution of their motion to post bail, San Francisco, Camotes, Cebu Mayor Aly Arquillano and Vice Mayor Alfredo Arquillano are detained at the Bureau of Jail Management and Penology (BJMP) facility in Danao City.

Last April 4, the Arquillano brothers were arrested during the serving of a search warrant issued by Judge Leopoldo Cañete of the Regional Trial Court Branch 60 in Barili.

The operatives of the Provincial Intelligence Branch of the Cebu Provincial Police Office (CPPO) were able to recover a caliber .22 rifle, an AR-15 rifle, a caliber .45 pistol, several ammunition, and a hand grenade- from their ancestral house in Barangay Poblacion.

In an inquest proceeding last Friday, the Arquillanos chose not to file their respective counter-affidavits to answer the allegations filed against them before the Cebu Provincial Prosecutor’s Office.

Instead, they manifested to face the charges in court.

With that, State Prosecutor Ludivico Cutaran has recommended the filing of cases for illegal possession of firearms and ammunition (Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act) and illegal possession of explosives (RA 9516) before the Danao City Regional Trial Court, which was approved by their provincial prosecutor.

No bail was recommended for the grenade possession, while a P175,000 bail was recommended for the gun possession case.

After the two charge sheets were filed, the camp of the Arquillanos immediately filed a motion to post bail.

“Actually nag hearing pa sila didto run (yesterday) para sa ilang motion to post bail,” said PIB Chief Alejandro Batobalonos.

Batobalonos earlier said that before the search warrant was served, they received report that the Arquillano brothers were keeping firearms despite their efforts to surrender loose firearms.

The Arquillanos camp, for their part, has questioned the legality of the warrant claiming it was “null and void” since it was issued by a Regional Trial Court Branch in Barili, Cebu, which reportedly does not have jurisdiction over San Francisco, Camotes.

Retired Judge Meinrado Paredes, the lead counsel of the Arquillanos, earlier said the search warrant was valid up to April 2 but it was served on April 4. Thus, they are planning to file a motion to quash and to suppress illegally seized evidence.

The CPPO, for its part, has maintained that the arrest of the brother-officials was a legitimate operation.

“It was a legitimate operation.  May mga exceptions naman po tayo why we are applying yung mga search warrants in other sala ng mga judges we are going to point out in the proper forum ka pagka nagkaroon ng actual na paglilitis.  Whatever po nakikita nilang mga issues and concerns on their part, we are prepared to answer all those issues na sinasabi nila in a proper forum,” CPPO Chief Manuel Abrugena said.

He denied allegations that the operatives planted the hand grenade fragmentation that they recovered inside their ancestral house.

“It is a usual comment and we are prepared to answer na walang katotohanan,” Abrugena said.

He also denied allegations that the arrest was marred with politics.

“We are afraid na itong mga loose firearms na ito kapag di po natin nakuha o napalagay under the care of the police, baka po there is a tendency na baka po ito ay magamit in the perpetration ng mga crimes particularly na papalapit na po ang elections,” he said. (FREEMAN)