DOJ junks case vs Pulupandan ex-mayor Magdaleno Peña on gun raid | Sun.Star

27 May 2015 | Author: | Comments Off on DOJ junks case vs Pulupandan ex-mayor Magdaleno Peña on gun raid | Sun.Star

DOJ junks case vs Peña on gun raid

Wednesday, November 27, 2013

THE Department of Justice (DOJ) through Assistant State Prosecutor Mary Jane Sytat dismissed for insufficiency of evidence the case for violation of Article 19 of the Revised Penal Code and Presidential Decree 1866 filed against former Mayor Magdaleno Peña of Pulupandan and 14 others by the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG).

The complaint is relative to the raid conducted by the PNP-CIDG at the Montilla ancestral house in Barangay Ubay, Pulupandan in May 2, 2013.

In a joint resolution issued Nov. 11, 2013, Sytat also ordered the dismissal of the same complaint against Florante Fondales, Joey Yunque, Rolly Escaran, Diego Anciano, Rey Ganancial, Manny Rio, Nelvon Gange, Jay Gange, security guards Deolito Morancil, Jimmy Castanos, and Armando Dela Paz, and Police Officer 2 Pedrito Lupo and Senior Police Officer 1 Vicente Castillo.

The case arose from the implementation of search warrant in the premises of Peña based on the complaint of the CIDG that the former had in his possession several firearms whose licenses were not registered under his name.

The search yielded 90 firearms and two explosives. The two separate complaints were filed before the Provincial Prosecutor’s Office of Negros Occidental and Office of the Prosecutor General.

Based on the prosecutor’s findings, the search warrant dated April 23, 2013 issued by Judge Maria Felomina Singh of the Quezon City Regional Trial Court Branch 85 is broad and vague as to the exact location because it only stated Barangay Ubay, Pulupandan.

The CIDG admitted that they implemented the search warrant on different areas in and out of Barangay Ubay.

As to the firearms confiscated during the raid, the prosecutor stated that evidenced pointed out that 22 were registered under the name of Vegas Exploration and Mining Corp. 10 were licensed under JHMA Marine Holdings Corp. 24 were registered under the name of Golden Lake and Mineral Resources Corp. eight under Kentfield Corp. four under ER Security Agency, one AK-47 under Diego Anciano, one Colt .45 under the name of Ricardo Tomea, one shotgun under the name of Antonio Esteban Suatengco, one Caliber .40 under Magdaleno Peña, one caliber .30, one shotgun under the name of Miguel Antonio Pena, two shotguns under the name of Eric Castanos Miravelles, one M-16 and one caliber .45 under the PNP.

As to the 12 unregistered firearms claimed by the PNP-CIDG, the prosecutor stated that although the Community Police Assistance Center and the blue Toyota Lite Ace van were not subject to the search warrant, it was discovered that the said firearms are all licensed and registered based on the explanation and evidences submitted by Twin Pines Incorporated.

Regarding the two TNT explosives allegedly found at the guard’s quarters, the prosecutor stated that the respondents vehemently denied the presence of such explosives and claimed that the raiding team planted those explosives.

The prosecutor also recommended that an investigation for perjury be conducted against Senior Police Officer 3 Jayvee Aglipay and Senior Police Officer 1 Rosendo Bersal Jr. in connection with their joint affidavit of arrest dated May 3, 2013 and for conflicting affidavits executed under oath dated May 3, 2013 and May 6, 2013.

It also recommended that an investigation be conducted on all police officers involved in the implementation of search warrant for the allegation of planting of explosives in the searched premises and for the unnecessary expenses incurred by the Philippine government.

Published in the Sun.Star Bacolod newspaper on November 27, 2013.

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