Seized in raid, loose firearms

BACOLOD CITY, Philippines — The 76 firearms seized from the ancestral house of Pulupandan town Mayor Magdaleno Peña that are presently in the custody of a local court and are stored at the Hall of Justice in this city are now considered "loose firearms," a police official said.

Senior Supt. Milko Lirazan, acting head of the Negros Occidental Police Provincial Office (NOPPO), explained that since the Philippine National Police had revoked and cancelled the licenses of these firearms, these are now deemed "loose" or unlicensed.

Lirazan however did not categorically say that it would be illegal should the camp of Peña decide to re-claim the firearms anytime after June 12, when the Comelec gun ban was lifted. Lirazan said the firearms will remain at the Hall of Justice until the court decides on what to do with these.

While the firearms are at the Hall of Justice, the personnel of NOPPO and the Bacolod City Police Office will continue to guard it, and regularly conduct checkpoints around its premises. "We will wait for instructions from the PNP Headquarters on what to do," Lirazan said, adding that the role of NOPPO is to secure these firearms.

The 76 firearms are part of the 90 firearms that were seized by a team of the PNP-CIDG and Special Action Force (SAF) which raided the ancestral house of Peña in Brgy. Ubay of Pulupandan last May 2.

The head of NOPPO at the time of the raid was Senior Supt. Ricardo de la Paz, who was relieved last week reportedly due to his failure to prevent the turnover of the 76 firearms to the court. In a radio interview though, De la Paz however denied it was the reason for his relief, because his stint at NOPPO was only for the duration of the elections.

Reports said the camp of Peña was able to recover 14 firearms when they went to the NOPPO Laboratory and Scene of the Crime Operatives (SOCO) office prior to its turnover to the court. Lirazan said last week the PNP revoked the licenses of the 90 fireams, upon orders of PNP chief, Director General Alan Purisima.

It was the CIDG that recommended for the revocation, although Roger Reyes, counsel of Peña, disclosed last Sunday that the PNP did not just cancel the licenses of the 90 firearms, but also the licenses of all 363 firearms belonging to Peña, including those registered under his corporations and a security agency.

Reyes called it abuse of authority, considering that all the firearms seized by CIDG were licensed. Among the owners of the seized firearms are Golden Lake and Mineral Resources, Vegas Exploration and Mining Corp., JHMA Marina Holding Corp., Kentfield Corp and E and R Security Agency.

The camp of Pena is questioning the revocation and cancellation of the licenses of the firearms. Reyes said they were not used in committing a crime, and any individual or corporation has a right to own high-powered firearms as long as they have licenses.

Revoking the licenses of the firearms does not erase the fact that when they were seized, they were licensed; making the seizure an illegal act, he said. Reyes said they will file a P60-million damage suit against the PNP- CIDG, and file counter charge such as indirect contempt, robbery, and grave coercion.

On May 30, Peña's camp and his corporations were granted a writ of replevin-a court order issued to recover a property deemed wrongfully taken-by Bacolod Regional Trial Court Branch 42 Judge Fernando Elumba, ordering the provincial sheriff to seize the 76 firearms from the NOPPO Provincial Crime Laboratory and SOCO Office.

Elumba also directed Peña's camp to file a bond of P4 million as a condition for the issuance of the replevin, which Sr. Supt. Jose Mario Espino, chief of the CIDG Anti-Organized Crime Division, has in turn contested in court via a motion asking Elumba to turn over the firearms to Quezon City RTC Branch 85 that issued a search warrant for Pena's house. (FREEMAN)