Illegal arrest clears man of grenade owning raps

The arrest was illegal, said Regional Trial Court judge Gabriel Ingles as he cleared a man of charges for illegal possession of a fragmentation grenade or explosive.

"Testimonial evidence to be credible must not only come from a credible source but must in itself be credible," said Ingles in his 9-page decision, which found the testimonies of the arresting officers "inconsistent" from each other.

The policemen, Reynaldo Hoybia, Jude Enemencio, and Marlon Reyes, arrested Esteban Cauba in barangay Tabunok, Talisay City on September 26, 1999.

The officers said they found from Cauba's possession the unlicensed hand grenade, a Colt .38-caliber revolver with three live bullets, and two plastic packs of shabu.

The Municipal Trial Court subsequently acquitted Cauba from illegal possession of firearms but convicted him of possession of illegal drugs.

For the charge of illegal possession of grenade, Ingles ruled that the arrest was not validly done. Even if the grenade was taken from Cauba it "cannot be admitted to prove his guilt as it had not been proven to have been the fruit of a valid arrest and search," Ingles said.

Ingles also found the testimonies of the policemen "inconsistent" when Hoybia, claiming that Cauba fired a shot, had underwent a paraffin test. But Enemecio, his fellow officer, denied Cauba ever took the test. Enemecio also said the items were seized when Cauba was taken to the police station, a testimony that was entirely different to the claims of the other policemen.

"Such inconsistencies cannot be disregarded as minor ones because they relate to the circumstances attendant and simultaneous to the warrantless arrest and warrantless search on the accused this determinative of the validity of said arrest and search," Ingles said in his ruling.

Cauba was, at that time of his arrest, a suspect to the killing of a certain Diok-diok in barangay Dumlog. He allegedly went to the wake, carrying the grenade and the gun, and threatened the people there that he would kill anybody who will testify against him.

The three policemen, when alerted of the situation, went to the place but was told that Cauba already left for Tabunok. So they went after him and, upon seeing him, they called him to stop. But he fired at them instead and fled, the policemen said.

The officers returned fire and eventually subdued Cauba, then allegedly seized from him the illegal items.

Arnold Adolfo, a witness of the defense, testified that, he was near the scene and no gunshot was fired at the time. He saw the policemen frisked Cauba and, upon getting nothing, they beat the latter up instead.

Cauba, for his part, testified that he was on his way home when the policemen, onboard a car, shot at him but missed, hitting a bystander instead. He said he surrendered but they beat up still. A city health officer confirmed his injuries and bruises. - Liv G. Campo