The case of the 4 suspected kidnappers: Justice Secretary orders probe on Lapu-Lapu fiscals' actions

Justice Secretary Raul Gonzales has ordered the National Bureau of Investigation to probe Lapu-Lapu City prosecutors for possible irregularity in their decision to file rather "light" charges against four suspected kidnappers the authorities had arrested at the Mactan airport two weeks ago.

Gonzales also asked city prosecutor Evangeline Gicale and assistant city prosecutor Geronima Baring to explain why they filed a charge for a light offense, as usurpation of authority, against the suspects who were in possession of several high-powered guns when arrested.

The four were Jessie Pepino, his brother Ronald, Richard Orayan and Crisologo Puzon, all of who were able to post a P10,000 bail each and walk off free.

Now, authorities have no details of the suspects' whereabouts already, more so that they learned later on that Jessie had a warrant of arrest for a kidnapping case in another region, and should not have been freed.

The fate of the suspects has spurred a debate among the public and within the Justice Department itself whether the prosecutors where correct in filing the usurpation to authority charge against the four.

Gicale and Baring have so far cited a recent Supreme Court ruling on a case in Manila where an accused was charged for violation of a Comelec gun ban and not for illegal possession of firearms.

Section 1 of the Republic Act 8294 or the law that penalizes illegal possession of firearms prohibits the filing of the offense if another crime was committed by the accused. "There can be no separate offense of illegal possession of firearms and ammunition if there is another crime committed," the SC said.

Meanwhile, anti-crime crusader Teresita Ang See yesterday said the local police committed lapses for failing to check first the background of the four suspects. They could not have posted bail if the police only coordinated with the NBI for records of the suspects, she said.

Ang See was the guest of honor of a forum on community security awareness and action on kidnap-for-ransom, held by the Cebu Chamber of Commerce and Industry Inc. through its president Robert Go.

Also present in the forum were Police Regional Office top officials, Senior Superintendents Lani-o Nerez and Ronald Roderos, and Presidential Anti Crime Emergency Response- deputy for operations-Manila, S/Supt. Tam Bañez.

Roderos said prevention is the key against crime and people should cooperate with authorities to avert a possible commission of a crime.

Nerez said the police need cooperation, especially from the business sector for vital information, especially on kidnappers that might have threatened their members.

Go said the CCCI members are very optimistic over the police linkage, and this should not be exclusive for businessmen only but for all people in the community. - Fred P. Languido and Norvie S. Misa