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

Wednesday, November 27, 2013

THE of Justice (DOJ) through State Prosecutor Mary Sytat dismissed for insufficiency of the case for violation of Article 19 of the Penal Code and Presidential 1866 filed against Mayor Magdaleno Peña of and 14 others by the Philippine National Investigation and Detection Group

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

In a joint resolution issued 11, 2013, Sytat also the dismissal of the same complaint Florante Fondales, Joey Rolly Escaran, Diego Rey Ganancial, Manny Rio, Gange, Jay Gange, security Deolito Morancil, Jimmy and Armando Dela Paz, and Officer 2 Pedrito Lupo and Police Officer 1 Vicente

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

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

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

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

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

As to the 12 unregistered firearms claimed by the the prosecutor stated that the Community Police Assistance and the blue Toyota Lite Ace van not subject to the search warrant, it was that the said firearms are all and registered based on the explanation and submitted by Twin Pines

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

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

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

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

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