Court questions military’s refusal to turn over gun seized from leftist member

Two months after the release of Elpidio Romanca, a peasant from Barangay Mabini in Basey, Samar, attended his pre-trial hearing for allegedly violating the “Comprehensive Firearms and Ammunition Regulation Act” or RA 10591 before the Regional Trial Court (RTC) Branch 30 in Basey, Samar./PHOTY BY Public Attorney’s Office

SAMAR Regional Trial Court Branch 30 Judge Tarcelo Sabarre Jr. questioned the military’s refusal to turn over to the court the firearm that was allegedly confiscated from a suspected leftist member.

During the pre-trial on the case for violation of Republic 10591 or the Comprehensive Firearms and Ammunition Regulation Act against Elpidio Romanca, a peasant from Barangay (village) Mabini in Basey, Samar, Judge Sabarre asked Prosecutor Carmelita Naval where the gun supposedly confiscated from Romanca was stored.

Naval said at the time of the filing of the case, the firearm was at the custody of the Philippine Army for “security reason.” Naval suggested that the court call the Philippine Army to directly get the answers on his question.

Under Section 36 of RA 10591, Judge Sabarre pointed out that seized firearm, ammunition or its parts shall remain in the court’s custody. It will only be turned over to the Philippine National Police (PNP) Crime Laboratory if the court itself has decided that it has no capability to secure such evidence.

Judge Sabarre asked the prosecutor how can they prove that the firearm that will be brought to court would be the same firearm seized from Romanca. The court also noted that there was nothing on record that the seized firearm has no license.

Romanca’s counsel, Public Attorneys Office (PAO) Chief Persida Rueda-Acosta asked the court to cancel the pre-trial and that they be allowed to file a motion to quash.

The court granted Acosta’s bid. A hearing was scheduled for June 25.

Under Rule 117 of the Rules on Criminal Procedure, a motion to quash is a recommendation to nullify the complaint or charge sheet.

Romanca was arrested in November last year on suspicion that he was a member of the New People’s Army (NPA) in Basey, Samar. He had a gunshot wound in the head and right thigh when arrested.  AC