3 men to face trial for violating gun ban

THREE men are facing charges before the Regional Trial Court (RTC) for violation of the Commission on Elections (Comelec) gun ban which started last January 13.

The accused were identified as Michael Tubog Remotique, 25, resident of Vision Tambakan, Lizada, Toril; Richard Punayo Gonzales, 19, of Barangay 5-A, Barayco in Bankerohan; and Joesyl C. Remollena, 31, businessman, of Magtuod in Maa.

In three separate resolutions dated January 23, the City Prosecutor’s Office (CPO) found probable cause to charge the three accused based on the affidavits and complaints filed by the authorities before this office.

Prosecutor Faizal A. Padate, in his resolution for Remotique, finds the arrests of the accused valid under the Revised Rules on Criminal (RRC) procedure, as he was arrested while committing a crime.

Remotique was arrested in Toril following a call for assistance by a concerned citizen to the police because of a drunk man who was brandishing a knife and challenging those around him to a fight at Sawmill Street in Lizada, Toril, last January 20 around 10:25 p.m.

Police Officer 2 Stevenson C. Roma, of the Toril Police Station, who was dispatched to check on the report said he found Remotique as described, with a knife in a scabbard. The gun ban includes other deadly weapons.

Padate, meanwhile, finds the arrests of Gonzales valid under the RRC procedure after he failed to present proof that he is exempted from the gun ban when the authorities confiscated an improvised hand gun or sumpak from him.

The authorities arrested Gonzales in Barangay 5-A in Bankerohan around 10 p.m., following the report that the accused was seen standing in the area with a handgun.

Recovered from the possession of Gonzales were an improvised gun and a bullet of a 5.56 caliber pistol. He is also detained at the Toril Police Station.

"Both accused were brought to this office (CPO) for inquest. The two were asked if they want to request for a preliminary investigation, but both of them opted not to request on the matter," Padate said.

Padate said based on the evidence submitted to him, he finds probable cause to charge Gonzales for violation of Presidential Decree (PD) 1866 as amended by a Republic Act (RA) 9516 or The Illegal Possession of Firearms.

Padate also found probable cause to charge both Remotique and Gonzales for violation of the Comelec Resolution 9561-A on Election Gun Ban, as the accused committed the crime on the election period.

In line with the charges filed against Gonzales, Padate sought for the issuance of a hold departure order against him so he could not escape the prosecution.

Just like the decisions of Padate, Prosecutor Gaye T. Cañete–Magdagasang also finds the arrest of Remollena valid after the latter failed to present proof that he is exempted from the gun ban when the police confiscated his hand-gun.

Police arrested Remollena at Lower Dampa, Magtuod, Maa on January 22, after he fired his caliber .38 revolver--Smith and Wesson brand with serial number 2785.

Remollena was charged with two violations of RA 9516 and Comelec Resolution 9561-A on Election Gun Ban. He is now detained at the Talomo Police Station.

Records from the Davao City Police Office's (DCPO) Intelligence and Operation Divisions showed that a total of 15 violators were already arrested since the implementation of Comelec gun ban started, nine of which were charged and six are still under investigation.

Based on the Section 32 of RA 7166 under the Comelec Resolution 9561A, during the election period, no person shall bear, carry or transport any firearms or other deadly weapons in public places, including any buildings, streets, parks, private or public vehicles, even if licensed to possess or carry the same unless authorized in writing by the commission.