Driver found guilty of illegal possession of firearms

CEBU, Philippines - A trisikad driver was convicted for illegal possession of firearms.

Regional Trial Court Branch 18 Judge Gilbert Moises found Ramil Silawan, a resident of Barangay Basak San Nicolas, Cebu City, guilty for violating Republic Act 8294.

“After careful and meticulous consideration of the evidences presented, the court finds that the prosecution was able to successfully establish the guilt of the accused with the quantum required by law,” the decision reads.

With that, Moises sentenced Silawan to suffer the penalty of four years to six years imprisonment and ordered to pay P30,000 fine.

On March 5, 2011, SPO1 Rene Sebes of Mambaling Police Station said that at 11:30 in the evening, they received a call informing them that a man and a woman were having a pot session and were sniffing shabu at Sitio Kalubihan, Mambaling.

Acting on the report, he went to the area together with PO3 Dominador Manosor, PO3 Ronald Ybañez and barangay tanods of San Nicolas. Upon arrival, they saw the two who were later identified as the accused and a certain Janet Nadela, sitting side by side. Drug paraphernalia were placed in front of them on the table.

Nadela was reportedly holding a tin foil while the accused was holding a transparent plastic pack believed to contain shabu.

The police then arrested both. While the two were informed of their constitutional rights, one of the responding police noticed the handle of the firearm protruding from the waistline of the accused, a .357 paltik caliber revolver with three ammunitions.

For the defense, the accused vehemently denied the charges. He said that he was inside the house together with his live-in partner, Nadela, and they were about to sleep when somebody knocked on their door. He opened it and thereafter they were arrested by the police.

Silawan said he was confused why they were arrested considering they did not commit a crime. Aside from illegal possession of firearms, they were also charged for violation of Sections 11 and 12 of RA 9165 or Comprehensive Dangerous Drugs Act.

After the parties rested their case, Moises laid down his judgment convicting the accused based on the “firm and categorical” testimony of Sebes.

“There was no reason to doubt him for he was at that particular time performing an official duty, to answer an alarm. He and his companions responded to a call from the neighbor of the accused,” the decision reads.

Though the accused denied the charges citing the arrest was out of “retaliation borne out of the animosity between him and a certain Jio Bastida, a barangay tanod,” Moises ruled to set such aside after the accused failed to elaborate” on the particulars about their rift with Bastida.” He added the allegation of the accused was “unsubstantiated.” — (FREEMAN)