Judge convicts man for gun ban violation

CEBU, Philippines - Judge Gilbert Moises of the Regional Trial Court Branch 18 convicted a man for violating the Commission on Elections (Comelec) gun ban in 2010.

Moises said there were reports that accused Eddie Berido is already dead based on the machine copy of death certificate submitted by the bondsman. However, he said this couldn’t be confirmed.

 “His death could not be confirmed as no one could present competent proof to confirm the same. Hence, the case was submitted for resolution sans the evidence of the accused,’ resolution reads. Moises ruled in favor of the prosecution who he said presented convincing witnesses.

 In his three page decision, Moises finds Berido guilty beyond reasonable doubt of violating the gun ban penalized under Section 261 (q), Presidential Decree 881 in relation to Comelec Resolution 8714.

 “After a careful and thorough assessment of the evidence, the court is satisfied that the prosecution was able to discharge its duty to prove the guilt of the accused beyond reasonable doubt and overturn the presumption of innocence,” judgment reads.

 Moises handed down a sentence of one year imprisonment without probation and disqualification from public office and his firearm and ammunitions forfeited in favor of the government.

 Berido was carrying a .38 caliber revolver with five live ammunitions outside his house without permit from the Comelec on February 5, 2010.

 He was released from detention on February 23, 2010 after he posted the recommended bail through surety bond. He reportedly pleaded not guilty.

 Police Inspector Renerio Cortes, a resident of Sikatuna Street, Day-as, Cebu, stated that on February 5 at about 6:45 in the evening while he was inside their house, he heard a commotion outside.

 Cortes saw Berido with a firearm tucked in his waist, held down by bystanders. Cortes said he immediately confiscated the firearm and brought the accused to Parian Police Station.

 When asked if he has documents to prove that he was exempted from the Comelec gun ban, Berido did not have any.

 Berido’s name did not appear in the list of the Firearms Explosives and Security Agencies/Guards and Supervision Section (FESAGSS). — (FREEMAN)