Policemen yesterday expressed dismay over the dismissal of charges against a prominent Bacolod businesswoman charged for violation of RA 9287, known as the amended illegal gambling act.

Businesswoman Sylvia Golez whose family owned a popular restaurant and two gaming centers in Bacolod , and her employee, Arnel Arguelles, were cleared of illegal gambling charges by Silay Judge Pepito Banzon who noted that the prosecution failed to establish their guilt beyond reasonable doubt.

Banzon, in his 12-page decision, however, found Edna Adelantar, caretaker of the Golez ancestral house in Silay City , that was raided by the police two years ago, guilty for violation of Section 1(d) of PD 1602, an Act Prescribing Stiffer Penalties on Illegal Gambling, as the prosecution had established her guilt for the offense beyond any reasonable doubt.

Adelantar was sentenced to a maximum of four years and two months imprisonment.

Court records show that a combined team of local policemen led by then PO3 Dante Victor Escorpion and operatives of the Provincial Anti-Illegal Task Force of the Negros Occidental police headed by Senior Inspector Rico Santotome raided the residence of Golez at Lopez Jaena Street , Brgy. IV in Silay City , in Jan. 24, 2005 .

The raid led to the arrest of Adelantar, Arguelles, Rowena and Roy Lara, Rosemarie and Isabel Carpio, and Jona Casiple, and the confiscation of P16,215 in alleged cash bets derived from illegal gambling, assorted illegal gambling paraphernalia of gambling outfits EC2 and mini-lotto Pick 10, and an ICOM radio.

Golez who was not in the house when police conducted the search, denied that she allowed her residence to be used as a venue for the conduct of an illegal numbers game.

She said that the house searched was not registered in her name, but that of Jesus Golez, her husband, who inherit it from his parents in 1997.

Golez added that she and her family rarely stayed in the ancestral home as they had been residing in Bacolod City .

Banzon said the prosecution hardly presented any evidence to substantiate or establish the concurrent attendance of the requisite elements of the crime charged against Golez.

He also noted that the prosecution failed to show that house subject of the search warrant was under control of Golez, and that she had knowingly permitted an illegal numbers game to be conducted in it.

Santotome, however, yesterday said they are contemplating to file another case for violation of RA 9287 against the owner of house, citing a provision in the amended illegal gambling law, which held liable any person who allows the use of his vehicle, house or land in the operation of illegal numbers game.

Banzon also said the prosecution failed to evidences to show that Arguelles, who was claimed by the police as a staff in the operation of the illegal numbers game, was at the house of Golez to remit the proceeds of an illegal numbers game.

But evidence presented by the defense shows that Arguelles came on board an Isuzu Highlander, pursuant to an instruction from Golez, to deliver to her husband, who was sleeping at the house, the proceeds of gaming centers in the amount of P16,215 which was left to Adelantar, and passports of their children.

Banzon said gambling paraphernalia or implements used in an illegal numbers game were admittedly recovered in the house of Golez.

He also noted that a feeble disclaimer was made by Adelantar of how the items came to the house, she was the undertaker of, pointing some persons as most probably to have left it there.

While Adelantar was found not guilty for violation of section 2(g) in relation to Section 3(g) of RA 9287, as bettor, Banzon, however, said she was guilty of PD 1602.

Banzon also ordered the return of P16,215, which was confiscated by the police, to Golez, including the P36,000 cash bond posted by Golez and Arguelles.

In the service of the sentence imposed on Adelantar, Banzon said she shall be given full credit for the entire period of her detention pending trial.

On the other hand, Banzon placed on archives the criminal action against at-large accused, Rowena Lara, Rosemarie Carpio, Isabel Carpio, Jona Casiple and Roy Lara, which will be revived upon their arrests.*GPB

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