NBI wants raps vs. alleged explosive dealers reinstated

The National Bureau of Investigation has asked the Lapu-Lapu City Prosecutor's Office to reconsider the dismissal of the charges against four suspected explosive dealers in Caubian Island.

The NBI, in a two-page joint motion for reconsideration signed by supervising agent Jose Ermie Monsanto, cited at least five grounds why the charges for illegal possession of explosives against Virgilio Amorin Sr., Virgilio Amorin Jr., Reynaldo Lumapas and Ricardo Otarra should be reinstated.

Lapu-Lapu city prosecutor Evangeline Gicale dismissed the case for violation of Section 3, Republic Act 8294 otherwise known as illegal possession of explosives against the four suspected explosives dealers in Caubian Island on the ground that they are fishermen.

Based on the resolution drafted by assistant prosecution attorney Aida Castillo, which was approved by Gicale, the suspects cannot be charged in court because they are just fishermen and they cannot be suspected to possess explosives in order to manufacture explosives for destruction and therefore could not be held liable for violating the law.

But the NBI contended that the prosecutor failed to consider that what is punished by the provision of the law is the possession of the confiscated items, which include several kilos of ammonium nitrate and blasting caps.

The NBI added that in cases punishable by special laws, intent is not one of the elements contrary to the cases cognizable under the Revised Penal Code. Monsanto said that the prosecutor failed to also consider the other pieces of evidence submitted by them such as the certification from the PNP that the suspects are not licensed dealers of explosives.

Monsanto argued that even if the purpose of their possession of the explosives is just for illegal fishing they are still liable because they are not only destroying the fishes but nature, the corals and the marine environment as a whole.

The suspects were arrested during a simultaneous raid conducted by the NBI together with Visayan Sea Squadron commander Antonio Oposa and the late Bantay Dagat project director Elpidio "Jojo" de la Victoria in Caubian Island last April 10.

The raid resulted in the seizure of two kilos of ammonium nitrate from the house of Amorin Sr., four kilos and several blasting caps from the house of Lumapas and 120 kilos from the possession of Amorin Jr. and Otarra. - Fred P. Languido