A 90-YEAR-OLD man was arrested for violation of Republic Act 10591 and Omnibus Election Code after an unlicensed pistol was recovered from his possession.
But due to his old age, he might be released.
Police Senior Superintendent Alexander Tagum, Davao City Police Office (DCPO) director, said that around 5:45 p.m. on February 11, a soldier from the 3rd Infantry Battalion who was detailed at the Office of the Special Assistant to the President (Osap) along Chavez St., Davao City arrested Bambaran Bantog, 90, a resident of Tamparan, Lanao del Norte.
Bantog was found in possession of a unit of John M Browning Colt .45 ACP pistol bearing Serial # C10138 with a magazine containing seven pieces live ammunition and four other pieces live ammunition of same caliber were also confiscated from his red sling bag.
Based on the report, the suspect went inside the office of Osap and was sitting on the waiting area at the lobby when a security personnel got suspicious of him since his backpack and cap were camouflage-colored.
“That prompted him (security) to conduct a search on his backpack, but he found nothing. So he let the suspect sat on the chair and offered him food, however, he noticed that the suspect was scratching his lower torso that aroused again the security’s suspicion and when he (security) asked the person to raise his t-shirt he saw the firearm inside his shirt concealed on his color red sling bag. He (security) confiscated the firearm,” the report said.
Bantog was asked for pertinent papers of the firearm but he was not able to produce these. Two knives and a pair of scissors that were thoroughly covered by his shirt were also recovered.
The suspect is currently under the custody of Sta. Ana Police Station for proper disposition.
Meanwhile, Tagum said that under the Revised Penal Code, the jail penalty and punishment may be suspended by the court if “the offender is under 18 years of age or over 70 years. The mitigating circumstance of old age under Article 13 (2) of the Revised Penal Code applied only when the offender was over 70 years at the time of the commission of the offense,” the Supreme Court said in Jose Reyes vs People of the Philippines.
“I advised PC Insp Uyangguren (Sta. Ana Police Station Commander) to confer with City Prosecutor Ledesma the case involving a very senior citizen. Pwede siguro syang ma-file-an ng kaso but definitely in doubt ko kung ma-penalized pa ang matanda,” he said.
Tagum said when Bantog was interviewed, he said that the firearm was only meant for personal protection.
On Tuesday, Bantog was brought to Hall of Justice for inquest proceedings.