MANILA -- The Department of Justice (DOJ) has approved the filing of criminal case for illegal possession of firearms, explosives, and dangerous drugs against Mayor Abdulwahab Sabal of Maguindanao, his wife Mohanna Sabal, bodyguard Nasser Maulana, and driver Norodin Abas.
In an 11-page resolution approved by Prosecutor General Claro Arellano released to media Tuesday afternoon, the DOJ found probable cause in the criminal charges against Sabal and three others.
Arellano said the cases would be filed in Cotabato regional trial court this week.
"Jurisprudence is settled that what the law requires is mere possession which includes not only actual physical possession but also constructive possession of the subjection of thing to one's control and management. On this principle, respondents may be said to be in joint possession of (seized firearms and explosives)," the resolution said.
"In the present case, the arrest without a warrant of respondents were valid as the same was effected immediately after they were seen in possession of firearms and explosives," it added.
The resolution also said that the subsequent search upon Mohanna Sabal after her arrest that resulted in the recovery of 12 plastic sachets later shown to contain methamphetamine hydrochloride or shabu was also valid.
Under section 13 of Rule 126, a person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.
Preliminary investigation showed that arresting police officers recovered from the respondents an improvised explosive device, particularly a 60 mm. mortar with batteries and cellphone attached, two apple and cacao type grenades with trigger pin mechanism, an M-16 rifle, and other firearms.
A total of 12 sachets with over 72 grams of shabu were also seized from Mohanna's bag. With this, the DOJ recommended the filing of possession of illegal drugs against her.
The DOJ also held that the arrest of the elected official and his companions at the Awang Airport in Datu Odin Sinsuat last September 8 was valid despite absence of an arrest or search warrant from court.
Sabal and three others are still under the custody of the Philippine National Police’s Anti-Illegal Drugs Group in Camp Crame.
Earlier, Justice Secretary Vitaliano Aguirre said the suspects were also facing separate investigation on their possible involvement in the Davao City bombing last week. (PNA)