Justice Secretary Leila de Lima has ordered the transfer of the complaints against 10 persons apprehended when the Criminal Investigation and Detection Group of the police seized 90 firearms from the ancestral home of former Pulupandan Mayor Magdaleno Peña to the DOJ, their lawyer Roem Arbolado said yesterday.

This was contained in DOJ Order 541 dated July 5, Arbolado said.

The Negros Occidental Provincial Prosecutor’s Office last week filed charges of illegal possession of firearms, explosives and obstruction of justice against those who were apprehended on May 2, based on a resolution penned by Assistant Provincial Prosecutor Ma. Consolacion Bascug on July 22, and approved by Provincial Prosecutor Daniel Villaflor.

But the prosecutor also dismissed charges for violation of the Commission on Elections gun ban against them, and specific charges for illegal possession of two unlicensed shotguns against security guard Deolito Suspende Morancil.

The charges for illegal possession of firearms and explosives were filed before the Bago Regional Trial Court and the obstruction of justice raps before the Municipal Circuit Trial Court of Valladolid, Pulupandan and San Enrique, Arbolado said.

“We may file a motion for reconsideration to the resolution of the provincial prosecutor within the reglementary period. We are studying our options,” Arbolado said.

The transfer of the complaints to the DOJ was their prayer when they sought the inhibition of Bascug, he added.

“She did not resolve the motion to inhibit and instead proceeded to resolve the case in favor of the Criminal Investigation and Detection Group sans the counter affidavits of our client. Up to now we don’t know the reason why she went with the CIDG during the raid on May 2,” he added.

Bascug had recommended the filing of illegal possession of firearms raps against SPO1 Vicente Maguad Castillo, PO2 Pedrito Provido Lupo, Rey Ganancial Asgar, Nelvon Depra Gange and Jay Gallego Gange, who were apprehended at the Community Police Assistance Center at crossing Pulupandan on May 2.

Bascug also recommended charges for illegal possession of firearms and obstruction of justice against security guard Armando Martinez de la Paz, who was arrested at a security checkpoint leading to the ancestral house.

The filing of charges against Manny Dublar Rio, Joey Carpentero Yonque, Jimmy Pasilan Castanos and Morancil for obstruction of justice and possession for firearms and explosives was also recommended.

Roger Reyes, one of the lawyers of the ten, said there must have been a foul-up in the transmission of communications since De Lima’s order is dated July 5 and the prosecutor’s resolution is dated July 22, which will have to be addressed.*CPG

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