Court dismisses case vs. ex-cop who "violated" gun ban

CEBU, Philippines - For insufficient evidence, the Regional Trial Court cleared from charges a former policeman who was accused of violating the Comelec gun ban during the 2007 elections.

The court yesterday ordered Crecito Matugas released from detention. He was arrested on May 2007 after he was found with a Smith and Wesson revolver. 

Prosecution witnesses told the court that Matugas was arrested around 3pm on May 2, 2007 when PO1 Julius Aninon and PO3 Jeffrey Larrobis were conducting a buy-bust operation against one “Boy Negro” at the interior portion of barangay Calamba.

It was allegedly Matugas who received the buy-bust money during the operation. The Smith and Wesson revolver was also allegedly recovered from Matugas, which the suspect allegedly tucked on his waist.

Matugas allegedly failed to produce documents to support his possession of the gun.

In his defense, Matugas said the gun was issued to him as a police officer. He reportedly has been a cop for 10 years during the arrest.

Matugas said that at the time of the incident, he was at the house of his godson, Jun Mark Villacorta, to borrow money to buy milk when the policemen allegedly opened the door forcibly and handcuffed him and his godson for no apparent reason.

In her decision, Judge Estela Alma Singco of RTC Branch 12, said “casting aside the subject gun as evidence, the remaining evidence on record are insufficient to sustain the accused conviction of the charge.”

“His guilt can only be established without violating the constitutional right of the accused against unreasonable search and seizure,” Singco said, adding, that the prosecution failed to “discharge the onus” on the accused’ culpability.

“The presumption of innocence dictates that it is for the people to demonstrate guilt and not for the accused to establish his innocence,” Singco said. — Jasmin U. Labaco/JMO   (FREEMAN NEWS)