Case vs ‘bala’ suspect dismissed; ‘bullet harmless without gun’

Another “tanim-bala” suspect turns out to be bullet-proof.

“A bullet is a harmless article without the corresponding gun or firearm to fire it,” a senior assistant city prosecutor said in a resolution dated Nov. 11 that dismissed the criminal case against Gloria Ortinez who was arrested for alleged possession of a bullet at the Ninoy Aquino International Airport Terminal 2 on Oct. 25.

In dismissing the case for violation of Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act, Senior Assistant City Prosecutor Willy V. Chan said that while the bullet was recovered from Ortinez, the authorities failed to prove that she had the intention to possess the ammunition.

“There can be no conviction unless the prosecution shows that the accused knowingly possessed the prohibited articles in his person or that the animus possidendi (intent to possess or malevolent intent to use) is shown to be present together with his possession of such article,” the prosecutor said.

In this case, the prosecutor noted that Ortinez was a 56-year-old overseas Filipino worker, a woman seeking greener pastures abroad. “There is no logical reason why she would possess the ammunition,” he said.

At the same time, the prosecutor added that the photograph of the ammunition for carbine rifle presented during the inquest proceeding of Ortinez was different from what was actually presented during the inquest “thereby casting doubt as to the identity of the subject ammunition.”

“Therefore, for lack of probable cause, the charge for violation of RA 10591 must necessary fail … to secure the innocent against hasty, malicious and oppressive prosecution … and to protect the State from having to conduct useless and expensive trials,” the resolution stated.

Ortinez was arrested after one ammunition for carbine rifle was found inside her hand-carry bag. RC

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