Court acquits gunsmith
of illegal possession raps

A gunsmith was cleared of illegal possession of firearms charges recently by Kabankalan Regional Trial Court Branch 61 Judge Henry Arles.

Agapito Gonzaga alias “Waray”, was acquitted of charges of violating Presidential Decree 1866, or illegal possession, manufacture, and sale of guns, ammunition, and explosives, for reasonable doubt.

Though Gonzaga was caught in possession of the items, they were considered insufficient evidence to convict him because the prosecution failed to establish “an essential element of the offense that the accused did not have the proper license for said items,” Arles said in his seven-page decision.

Gonzaga was charged after a police team led by Chief Inspector Moises Villaceran, found assorted guns, ammunition, and a grenade in his house, in June, 2003, without the proper permits, on the strength of a search warrant, court records show.

Although the court credited the testimonies of the police officers, Arles said they failed to prove that Gonzaga, indeed, lacked the needed permits to posses the items because they did not present a certification from the firearms and explosives division of the Philippine National Police.

The certification or testimony of an officer in charge of licensing, is needed to prove the gunsmith's guilt beyond reasonable doubt, Arles said.

Citing a Supreme Court decision, the judge noted that under P.D. 1866, “the essence of the crime is Gonzaga's lack of license or permit to carry or possess firearm, ammunition, or explosive. Possession by itself is not prohibited by law.”*PP

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Minor arrested
for robbery

A 16-year-old high school student was arrested for alleged involvement in a robbery in Bacolod City during the weekend, the police said.

The suspect, whose name is being withheld, was nabbed by Police Station 2 officers after some items he and his companions had taken from four persons were recovered from him, police records show.

Anthony James Buelba, 20, Carlo Odronia, 16, Noemi Azucena, 16, and Genevie Cabanglan, 16, told the police they were sitting near AMA College at San Agustin Street , in the city, when the suspect and his four companions held them up at gunpoint.

The complainants lost five cellphones, P1,200 in cash, and a bag with clothes that was later recovered from the minor, police reports said.

Buelba said they were sitting near the school after a drinking spree when the suspects approached them and declared a hold-up, pointing a .38 caliber revolver and a .22 caliber pistol at them.

The minor, however, said he did not know his friends, two of whom he identified as Winston and John Ray, had staged a robbery as he was just staying in their car.

He added that he did not know that the bag he was carrying when he was arrested was part of the stolen items.

PO3 Julius Lagon said they released the boy to his parents after being shown his birth certificate proving he is a minor.

They are now looking for his companions, Lagon said.*PP

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Bacoleño injured in stabbing

A 26-year-old man was stabbed in the back while playing billiards at about 7 p.m. Saturday in Bacolod City , the police said.

Lito Umbao of Purok Langis, Brgy. Banago, in the city, was brought to the Corazon Locsin Montelibano Memorial Regional Hospital after being stabbed by Regei Odera, 18, when they stared at each other at the Bodega Billiard Hall at Camagong Street, North Drive, in Bacolod , PO1 Orlando Caporal said.

He also said that, Umbao, who is now recuperating, and Odera, are members of rival gangs and this could have triggered the attack.

Odera, who is from Purok Dawis, Brgy. 14, in the city, is still at large, Caporal said. He added that the suspect could be charged with murder because there was an element of treachery in the way he attacked Umbao.*PP

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