Court acquits Toledo barangay captain of gun raps

CEBU, Philippines - Regional Trial Court Judge Ruben Altubar of Branch 29 acquitted the barangay captain of Canlumampao, Toledo City for illegal possession of firearms.

In his nine-page ruling, Altubar said he found no violation committed by Eduardo Alicaba Sr., for having in his possession, a shotgun with three live ammunitions.

He said that although Alicaba has no permit coming from the proper authority but under the Local Government Code, (LGC) he was authorized.

“As barangay captain, he is the head of a local government unit; as such, his powers and responsibilities are properly outlined in the LGC. This law specifically gives him, by virtue of his position, the authority to carry the necessary firearm within his territorial jurisdiction,” the decision reads.

As laid down in Republic Act 7160 or the Local Government Code of 1991, Section 389 paragraph (b) states- the barangay captain, in the performance of his functions, is entitled to carry firearms within his territorial jurisdiction subject to appropriate rules and regulations.

Likewise, Altubar said that based on the evidence, it was established that the search prompting the confiscation of the firearm was made inside the residence of the accused which falls under his territorial jurisdiction.

To support his ruling, Altubar cited jurisprudence in the case of P/INSP. Ariel S. Atillero vs. Orlando C. Casimero, etc, et.al which states that a barangay captain, by virtue of the authority given to him by the LGC, can carry a firearm within his territorial jurisdiction.

Alicaba was charged for violation of Section 1 of Presidential Decree 1866 as amended by Republic Act 8294 or Illegal Possession of Firearms last August 3, 2003 at 6:00 a.m.

Assisted by his counsel, Wendell Quiban, the accused pleaded not guilty to the crime charged.

The trial of the case started on February 21, 2011, after Altubar took over as presiding judge of RTC Branch 29, Toledo City. Based on records, many postponements were made due to the failure of the witnesses to appear in court despite notice.

On May 29, 2012, Altubar then ordered that the presentation of evidence by the prosecution will be waived after their witnesses failed to appear in court for the fifth straight time.

For the defense, they presented Hilario Alferez, who had been the head of the General Services Office. He said there were instances that their office issued firearms to some barangay captains including the accused.

“The issuance of the firearm was covered by a Memorandum Receipt,” he said.

The Memorandum Receipt for the equipment expendable and non-expendable property was issued by then Toledo City Administrator Filomeno Plaza, said another witness, Engineer Avelino Zambo, who succeeded Plaza in his position.

The receipt was presented in order to prove that the accused was given the authority to possess a firearm by the City Government of Toledo.

With that, Altubar then acquitted the accused for the crime charged. He ordered that the subject firearm will be returned to the City Government. — /MIT (FREEMAN)