DOJ OKs illegal possession of arms raps vs Davao blast suspects

MANILA, Philippines (Philippines News Agency) – The Department of Justice (DOJ) has approved the filing of illegal possession charges against the three members of the Maute Terrorist Group who were allegedly the perpetrators of the Davao City blast last September 2.

In a resolution dated October 18 but released Tuesday, the DOJ recommended that the resolution be approved and respondents as TJ Tagadaya Macabalang, Wendel Apostol Facturan and Musali Mustapha, be indicted for violation of Republic Act 9516 for illegal possession of explosives, firearms and ammunition filed by the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG).

“We take judicial notice that by virtue of Proclamation No. 55, dated September 4, 2016, the country was placed by President Rodrigo Duterte under a state of National Emergency on account of lawless violence in Mindanao. The checkpoint conducted by complainants was pursuant to said Presidential Proclamation and warranted by the exigencies of public order,” the resolution stated.
 
The DOJ resolution was signed by Senior Assistant State Prosecutors Peter Ong, Assistant State Prosecutors Susan Azarcon, Ferdinand Fernandez and approved by Prosecutor General Claro Arellano.

In their counter-affidavits, the three denied that they were arrested on board a motorcycle with no license plate at a mobile checkpoint by joint elements of the Philippine Army and the Philippine National Police last October 4 in Cotabato City.

DOJ said that records show the complainants merely stopped respondents after they were found to have violated the law and acted suspiciously. Aside from the fact that the respondents’ motorcycle had no license plate, they were also seen by complainants turning the motorcycle around to evade the checkpoint.

It added that respondents failed to present any document for the motorcycle. That was when the respondents were asked to alight from the motorcycle and searched by the complainants. The search yielded unlicensed firearms and explosives.

Confiscated from the suspects were various components for improvised explosive devices, a sub-machine gun, a .45 caliber pistol, their motorcycle, and various cellular phones.

”We now come to the criminal liability of respondents. We find all respondents liable for violation of R.A. 10591 (the comprehensive firearms and ammunition regulation act) and violation of P.D. No. 1866, as amended by R.A. 9156,” the DOJ stated.

Earlier, Ong clarified that the resolution is based on the raps for violation of Republic Act 9516 for illegal possession of explosives, firearms and ammunition filed by CIDG and not on charges in relation to the Davao blast.

He noted that the Davao prosecutors are handling the case in relation to the blast which left 15 people dead and injured 70 others.