CEBU, Philippines - For lack of evidence, the Cebu City Prosecutor’s Office dismissed the criminal complaint for alarm and scandal filed against the former barangay captain of Day-as, Cebu City accused of firing a government-issued gun last November 30.
The incident happened just a few hours before Rey Elery Cañada’s term ended.
In a resolution, State Prosecutor Simaco Labata said the joint affidavit of the arresting officers is not enough to establish probable cause against Cañada.
“…no affidavit from the two Motorized Response Unit (MRU) police personnel who told the arresting officers regarding the illegal discharge of firearm alarm, besides, the affidavit of the arresting officers does not show that indeed, it was the respondent who discharged a firearm considering that they were 50 to 60 meters from the Barangay Hall,†Labata said.
Labata recommended the immediate dismissal of the complaint, which was approved by City Prosecutor Nicolas Sellon. He also ordered for Cañada’s release from police custody.
In their joint-affidavit, Police Inspector Ardeolito Cabagnot, SPO1 Marcelino Sanchez, PO3 Alex Buanghog, PO3 Casimero Atuel and PO1 Ruel Saniel said they have just finished manning a checkpoint at the New Imus Road in Barangay T. Padilla and were walking towards Sikatuna Street when they saw two personnel of the Motorcycle-Riding Unit.
The MRU personnel reportedly informed them about the incident, which prompted them to respond.
“…we saw two MRU personnel approaching us and told us that they were responding to an illegal discharge of firearm alarm in front of the Barangay Hall,†they said.
At the Barangay Hall of Day-as, they saw Cañada sitting on a monoblock chair and saw a gun tucked in his waist.
The policemen then apprehended Cañada and brought him to the Cebu City Medical Center (CCMC) for a liquor test wherein the ex-barangay captain was found positive.
Cañada accidentally fired his 9mm pistol while residents and his supporters were watching a re-run of the Pacquiao-Rios boxing match around 9:40 p.m.
SPO1 Maximo Lapa said earlier that Cañada’s supporters declined to issue statements, but a few others who were in the area said he “was not trying to shoot someone.†– (FREEMAN)