No voluntary surrender Byron sues cop for taking his rifle

CEBU, Philippines - Former Capitol consultant Byron Garcia has accused the head of the Firearms, Explosives, Security Agencies and Guards Supervisory Section of allegedly confiscating his firearm without due process.

Garcia filed charges for coercion, dishonesty, and illegal confiscation of a licensed gun before the Office of the Ombudsman-Visayas against Supt. Rex Derilo.

Garcia, brother of Cebu Governor Gwendolyn Garcia, said he never voluntarily surrendered his AK-47 rifle to the authorities but it was illegally confiscated from his house.

He said Derilo, another policeman and officials of Barangay Pooc, Talisay City, went to his house to settle several issues he raised against Corona del Mar Subdivision where he lives.

Byron was also accused of using the rifle to threaten one of his neighbors in the subdivision.

When Derilo asked if he had a license to carry high-powered firearms he said yes.

Derilo told Garcia that all long firearms have to be verified with their office whether they were tampered or not and Garcia acceded to the request. He added in the temporary receipt he had to sign it was not indicated the weapon was “voluntarily surrendered”.

In his complaint, Garcia also said Derilo lied when he said that he (Garcia) voluntarily surrendered his firearm.

He added Pooc Barangay Captain Doroteo Emit can attest to the truthfulness of his testimony.

Earlier, Derilo told the media that Garcia, accompanied by Emit, voluntarily surrendered his firearm to the FESAGSS with the understanding that he violated the law for bringing it out of his house without a Permit to Carry Firearms Outside of Residence.

Derilo likewise recommended the revocation of Garcia’s license.

Garcia’s possession of the rifle was discovered after he reportedly brandished it in front of his neighbor Wayne Morris last September 19, following their argument about the speed bumps Morris placed in front of his house.

      Garcia said he only sought to scare Morris and did not even point his rifle at him. He and Morris settled their differences a week after the incident. Derilo was not available for comment yesterday. —(FREEMAN)