Case vs. Arleigh Sitoy over seized guns junked
The Lapu-Lapu City Prosecutor’s Office dismissed the case for illegal possession of firearms and violation of the Commission on Elections gun ban filed against former Cordova mayor Arleigh Sitoy.
In a joint affidavit dated last June 18, Sr. Insp. Florentino Clemente Jr. and other policemen assigned in Lapu-Lapu City alleged that at around 8 p.m. last May 12, the police received a report about armed men in a black Hyundai Starex van with plate number YCA-761 in Lapu-Lapu City.
Police said one of the men was reportedly Ritchie Amodia alias “Gaygay” who has a string of warrants for murder and robbery with serious physical injuries.
SPO2 Joel Hernandez and SPO1 Manuel Pasadoble eventually found the van parked near a fastfood chain along the
No one was inside the van but when SPO2 Hernandez looked inside he reported seeing guns.
While the police secured the van, they also tried to secure a search warrant from Lapu-Lapu City Regional Trial Court, but no judge was available.
The van was towed to the Lapu-Lapu police station and opened upon orders of acting provincial election registrar Lionel Castillano.
A 9mm pistol, a KG-9 submachine gun and an M16 rifle and assorted live ammunition were found inside as well as a black Samsonite trolley containing bundles of money totaling P299,000.
Also confiscated were election paraphernalia bearing the name of Adelino, the father of Arleigh, as well as those of other candidates.
In his counter affidavit, Arleigh said that from the morning to evening of May 12, he was at the fastfood chain to preside over a meeting. He said went to the place on board his Toyota RAV-4 with plate number GTF-451 driven by Roel Taneo.
He said around
He maintained that he never drove the van to the fastfood chain saying it was left in the garage of his father’s house in barangay Gabi, Cordova and denied owning the guns found in the van.
He said the van was brought to the fastfood by a certain Rizalito Ligan upon orders of Adelino.
Arleigh also questioned why the City Prosecutor’s Office is conducting the preliminary investigation as an election offense is subject to the investigation jurisdiction of Comelec.
But the city prosecutor’s office said they are allowed to conduct preliminary investigation because they were deputized by Comelec.
The prosecutor’s office established that Arleigh was not in the van when the firearm and ammunition were discovered and he was inside the fastfood chain.
They also said the police were not able to refute the claim of Arleigh and his witnesses that he was using his RAV-4 during the incident hence to accuse him of being in possession of the guns and ammunition simply because he was the registered owner of the van was purely speculative.
The prosecutors office also ordered that the licensed M16 rifle and 9mm pistol be released to their respective registered owners.
The unlicensed KG-9 and assorted live ammunitions were turned over to the Firearms and Explosives Unit of the Police Regional Office-7.
The van and cash, campaign paraphernalia and assorted items were returned to Arleigh.
Castillano said he is not bothered by the decision.
“Okay lang. I respect the decision of the city prosecutor’s office,” he said yesterday. He added they have other options, among them to file a motion for reconsideration before the Regional State Prosecutor’s Office or to file a case before the Law Department of the Commission on Election-Central office.
Adelino threatened to file a disbarment case against Castillano for allowing the police to open the van. — Jose P. Sollano with Garry B. Lao/BRP
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