DOJ approves criminal rap vs Maguindanao vice mayor
THE Department of Justice (DOJ) has approved the filing of criminal complaint against Maguindanao Vice Mayor Abdulwahab Sabal and three others who were arrested recently for illegal possession of firearms and explosives.
In an 11-page resolution released Tuesday, the DOJ found basis to charge Sabal, his wife Mohanna, bodyguard Nasser Maulana and driver Norodin Abas in court for violation of Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act.
Mohanna will be facing a separate case for violation of the Dangerous Drugs Act after authorities found 12 sachets of shabu inside her bag.
Authorities 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.
“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 DOJ resolution stated.
The resolution was prepared by Assistant State Prosecutor Gino Paolo Santiago and approved by Senior Deputy State Prosecutor Richard Anthony Fadullon and Prosecutor General Claro Arellano.
Sabal and the three others were arrested last Sept. 8 at the Awang Airport in Datu Odin Sinsuat.
The DOJ affirmed the warrantless arrest of the elected official and his companions.
“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,” the DOJ said.
“The subsequent search upon Mohanna Sabal after her arrest that resulted [in] the recovery of 12 plastic sachets later shown to contain shabu is 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,” the DOJ resolution added.
They are currently under the custody of the Philippine National Police’s Anti-Illegal Drugs Group in Camp Crame.
The case will be filed in Cotabato within the week.
Earlier, Justice Secretary Vitaliano Aguirre II said Sabal is under investigation for his possible involvement in the Davao City blast last week.
