THE Davao City Prosecutor's Office (CPO) dismissed last month the illegal possession of ammunition charges filed against a man accused for breaking into a house in Barangay Bago Aplaya, Talomo District, Davao City.
Jonathan Fercy Canillo was earlier charged with violation of the Republic Act 10591 or The Comprehensive Firearm and Ammunition Regulation Act, and theft following a complaint filed by Silvester Sergs Francia.
In a two-page resolution, prosecutor Rizalyn Gonzales recommended the dismissal on the complaint of Republic Act 10591 due to insufficient evidence. However, she added, that the accused is still charged with theft.
Francia, in his complaint affidavit, attested that he saw the accused in a dimly lit portion when he was about to get inside his house. The accused then hurriedly left, possibly, upon sensing the arrival of the complainant.
The complainant saw a long stick, locally known as "sungkit", laid on the window of his house. The complainant then discovered that his backpack worth P1,500 and cellular phone worth P5,000 are missing after he checked all his stuff.
Francia hurriedly went outside to pursue the accused but he saw the latter at a nearby piggery being mauled by their neighbors. He contacted the police for assistance and recovered his valuables from the possession of the accused.
Police Officer 2 Richard Torregosa, in a separate affidavit, attested that they recovered one pouch containing two live ammunitions. He said the accused also failed to show documents authorizing him to possess bullets.
The prosecution finds the arrest of the accused, without warrant, legal considering the immediacy of time between the commission of the crime and the arrest of the accused following a theft complaint against him.