CEBU – One of eight alleged supporters of Ruben Ecleo Jr., head of the Philippine Benevolent Missionaries Association cult, who were caught with unlicensed guns and explosives in Lapu-Lapu City four years ago was convicted while his seven companions, including a member of the Philippine Army, were acquitted.
In his six-page decision, Lapu-Lapu City Regional Trial Court Branch 53 judge Benedicto Cobarde found Nestor Carrol guilty beyond reasonable doubt for illegal possession of high-powered firearms and ammunition.
The court sentenced him to suffer the penalty of at least six years and one day but not more than eight years in prison and to pay a find of P30,000.
Carrol was also convicted for a separate case for illegal possession of explosives and he was sentenced to suffer the penalty of not less than 10 years and one day but not more than 12 years in prison and to pay a fine of P50,000.
The court acquitted Philippine Army M/Sgt. Heracleo Rallestan, Rosalito Oaper, Elpidio Amarita, Michael Baylon, Arjulyn Gallarda, Damiano Esconde and Richard Caballero.
Carrol and the seven others were arrested by members of the Lapu-Lapu City Police Special Action Team who were conducting a checkpoint along the national highway sitio in Saac II, barangay Mactan on the evening of December 3, 2004.
Members of the Lapu-Lapu City Police SWAT informed the court that on the evening of December 3, 2004, they received information that an armed group was coming to Lapu-Lapu and they conducted a checkpoint to intercept them.
Police arrested Carrol and seven of his companions onboard a van-for-hire.
Carrol was carrying a handgun when the police accosted him at the front seat of the vehicle.
Another person inside the van, later identified as Rallestan, introduced himself as a soldier and the police noticed him carrying a firearm tucked into the waistband of his pants.
Police saw there were bags inside the vehicle, after these were opened the assorted firearms and ammunitions were found inside.
The firearms included two .45 cal. pistols, a Carbine rifle, a Colt Automatic Rifle, a Bushmaster rifle, an M16 rifle, 1,073 pieces of 5.56mm rounds for the M16, 14 live rounds for the Carbine, 50 live .60 cal. rounds, grenades and assorted magazines.
In their defense, the accused said they only just happened to be passengers in that van-for-hire that night.
The prosecution presented Sr. Supt. Louie Oppus who affirmed that Carrol knew the number combination that opened the locks of the bags that contained assorted firearms and ammunitions.
But on the basis of the evidence on record, the court was not persuaded that a conspiracy existed among the rest of the accused. It said the mere fact that they were passengers at the vehicle where the bags were found does not show conspiracy.
The court further said that the fact that they were all wearing PBMA rings still did not constitute conspiracy and this had to be backed by strong and sufficient evidence.
Although police confiscated a firearm from Rallestan the court said that it cannot with moral certainty find him liable for the illegal possession of firearms.
The court said it is odd that contrary to human nature that a person who calls attention to himself that he has a gun covered by a mission order will also tuck into his pants a high-powered handgun that he has no license to possess. — Jose P. Sollano/BRP (THE FREEMAN)