MANILA, Philippines—The Makati City Prosecutors Office has found probable cause to indict for attempted murder a son of basketball legend and former senator Robert Jaworski who was arrested in a botched entrapment operation in Makati on Sept. 19.
Senior Assistant City Prosecutor Gaudencio Tolledo Jr. recommended the filing of the four counts of attempted murder against Ryan Joseph Jaworski, despite his insistence he was unarmed and did not shoot at PO2 Gerardo Navarro, PO3 Joel Sanchez, PO3 Richard Cenon and the police informant, based on the negative results of a paraffin test conducted on him by the National Bureau of Investigation.
In a 10-page resolution dated Oct. 13, Tolledo said Jaworski’s claims did “not hold water and the (paraffin) result does not preclude (him) firing shots” since the test was conducted on him two days after the shooting took place.
“There are factors that may affect the presence or absence of nitrates. This is well settled,” Tolledo said.
He added the results of a Philippine National Police physical examination of the supposed vehicle he and his alleged cohorts Joselito Au and Ferdinand Parago used to escape from police “corroborates the claim Jaworski repeatedly shot (police) when he and his companions were trying to extricate themselves.”
Tolledo said the “macro-physical examination” of the maroon Nissan Sentra showed that its rear window glass was “totally shattered,” and that there was a bullet entry hole measuring 11 mm (horizontal) and 9mm (vertical) on the right side of the vehicle’s rear window metal frame, a bullet exit hole on the right side of the rear window metal frame, and a “secondary bullet hole” on the right side of the vehicle’s rear window metal frame.
“The entry hole was caused by (a) bullet fired in downward direction from the rear side of the motor vehicle,” he said.
According to Tolledo, the “evidence at hand” was also “sufficient to warrant the indictment of Jaworski for unlawful possession of firearm…”
Tolledo said since Jaworski himself admitted offering for sale the gun found in the compartment of the vehicle they used, a 12 gauge shotgun that was not licensed to Jaworski nor to Parago or Au, “he can be considered to have constructive possession of the firearm.”
“To be liable for possession of a loose firearm, actual possession is not required. Constructive possession over the loose firearm just like in the case under consideration is sufficient to hold Jaworski liable therefore,” he said.
He said Jaworski’s claim that the firearm was inadmissible in evidence as it was “a fruit of poisonous tree” had “no merit considering that the recovery of the gun appeared to be the result of a hot pursuit operation.”
“Moreover, it is evidentiary in nature, which is better left for the appreciation of the court during the trial on the merits of the case,” he said.
Tolledo recommended Jaworski’s bail at P120,000 for each count of attempted murder and the count of illegal possession of firearm.
The complaints were reportedly raffled off to the sala of Judge Benjamin Pozon of Branch 139.
In junking the charge for violation of section 3 of the Comprehensive Firearms and Ammunition Regulation, Tolledo said the provision, which “merely defines arms smuggling which refers to the import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and components and ammunition from or across the territory of one country to that of another country,” was “clearly..not the appropriate charge in connection with the aborted buy-bust operation..”
Tolledo said “under the facts presented, the relevant charge is for violation of section 32 of the same law, which penalizes unlawful sale of firearms.”
“However, even if the charge is for violation of section 32, probable cause is wanting in this case. There was no actual sale of the purported M4 Armalite rifle subject matter of the negotiation and the same was not recovered. Worse, if there was indeed a negotiation for the sale of the firearm, the sale was yet to be perfected by the parties,” he said, noting that this had yet to be inspected by the police-poseur “as can be gleaned from text messages” supposedly between him (police poseur buyer) and Jaworski.
“The contract of sale not having been perfected, it can be said that the transaction of Jaworski is merely an offer to sell the firearm, which is not punishable under Section 32 of RA 10591,” Tolledo said.
Tolledo also junked the police’s charge of direct assault upon an agent of person in authority against Jaworski, saying that the “evidence is bereft of any showing that Jaworski knew or could have possibly known during the aborted buy-bust operation that the operatives are law enforcers.”
“To be liable therefore, it is required, among others, that the offender must have knowledge that the offended party was a person in authority or his agent in the exercise of his duties,” Tolledo said, citing People versus Rellin, People versus Villasemar, and US versus Alven.
Tolledo also dismissed Jaworski’s countercharge of frustrated murder and planting of evidence against the police, for “insufficiency of evidence.”
He also denied Jaworski’s prayer to hold in abeyance the preliminary investigation as he (Jaworski) sought the transmittal of the “pertinent pieces of evidence by the NBI for investigation,” saying the prosecutors office “must proceed with the preliminary investigation” unless “restrained by the court of competent jurisdiction or otherwise directed by the Secretary of Justice.”
“(Jaworski’s) ex-parte motion praying that the resolution of this case be deferred or that the case be consolidated with the case of Au and Parago is also denied for lack of legal basis,” Tolledo said.
Jaworski and Au were arrested at the Makati Medical Center after a tip led the police to the hospital where the senator’s son had sought treatment for a gunshot wound on the thigh.
Just hours before, Jaworski, Au and Parago (who was still at large, as of Thursday), were the targets of an entrapment operation at the corner of Chino Roces Avenue and Arnaiz Avenue for their suspected involvement in gunrunning activities. SFM