Case vs man who brought knife to mall dropped

CEBU, Philippines - The Regional Trial Court has dismissed the criminal case against a man accused of bringing a knife inside a mall in Tabunok, Talisay City during the election period.

Judge Gilbert Moises said the prosecution failed to prove the guilt of Clariben Jay Quezon-Cruz beyond reasonable doubt because the knife and the security guard who reportedly seized the weapon from Cruz were not presented in court.

Cruz was charged for violating Section 261(q) of Batas Pambansa 881 in relation to Commission on Election Resolution 9715.

“Although security guard Jumar Onlagada initially claimed that he saw the handle of a knife, he admitted that it was only after the frisk that he found the handle and noticed that it was knife. Hence, there was no probable cause based on personal knowledge that the accused was about to commit, was committing or has just committed a crime that would validate the warrantless search,” Moises’ decision reads.

Moises said the search would have been accepted as valid if it was a consented search but Cruz said “no” when he was about to be searched.

Onlagada said he arrested Cruz at around 11:30 a.m. on November 2, 2013 for bringing an 11-inch knife

He said he approached Cruz after his description matched that of what was given to him by another guard who reportedly saw a man bringing a knife into the mall.

Onlagada said he stopped Cruz to frisk him after he reportedly saw the handle of the knife protruding from his pocket. He, admitted, nevertheless, that it was not clear to him if what he saw was indeed the handle of a knife.

He reportedly told Cruz that he would frisk him but Cruz allegedly refused to be frisked. Onlagada persisted and confiscated the knife from Cruz. He admitted, however, that he did not tell Cruz why he was being frisked.

Cruz did not present any evidence in court but Moises that aside from the warrantless arrest, the prosecution failed to categorically establish that the accused was in possession of the knife for failing the present the weapon in court. — (FREEMAN)