QC court dismisses illegal possession of firearms charge vs NDFP consultant

MANILA, Philippines —  A Quezon City court has dismissed illegal possession of firearms charge filed against a National Democratic Front of the Philippines (NDFP) consultant, for failure of the prosecution to prove her guilt.

Judge Janet Abergos-Samar of the Quezon City Regional Trial Court Branch 219 said the prosecution was not able to establish the guilt of Esterlita Suaybaguio, who was arrested in August 2019 for alleged illegal possession of a .9mm caliber pistol, a hand grenade, and ammunition.

The court said that the Philippine National Police’s Firearms and Explosive Office (PNP-FEO) was not able to establish that Suaybaguio had no authority to carry the firearm, which was registered to the Legend Security Agency.

The court also noted that the prosecution was not able to confirm that Suaybaguio was not an employee of the said security firm. 

“Accused never claimed nor attempted to prove that she is a SOSIA licensed security guard of Legend Security Agency.  Nonetheless, to secure the conviction of the accused, it is the duty of the prosecution to prove that she has no license to possess the subject firearm,” the decision read. 

“It is not the duty of the defense to establish her innocence to be entitled to an acquittal,” the court added.

The court also sided with Suaybaguio in terms of allegations that she had a hand grenade with her, adding that the prosecution was not able to prove that she is not authorized to also hold such explosive.

“In our criminal justice system, what is important is, not whether the court entertains doubts about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable, lingering doubt as to his or her guilt,” the court noted.

 gsg