Court convicts trade union leader on illegal possession of firearms
MANILA, Philippines — A local court convicted trade union activist Marklen Maojo Maga on illegal possession of firearms, despite claims by activist groups that the charges were trumped up.
San Mateo, Rizal Regional Trial Court Branch 76 Presiding Judge Josephine Zarate Fernandez found Maga guilty of violating Section 28(e) of Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act.
The court sentenced Maga to serve imprisonment for a period of eight years and one day of prision mayor as minimum to 14 years and eight months of reclusion perpetua as maximum.
It also directed Maga to the New Bilibid Prison.
The court ruling
Authorities arrested Maga on Feb. 22, 2018, near a basketball court in his neighborhood in San Mateo, Rizal. Seized in his possession was a bag that containing a .45-cal pistol loaded with seven bullets.
Police were armed with an alias warrant of arrest issued by Cabadbaran City, Agusan del Norte Regional Trial Court Branch 34.
Maga, in his judicial affidavit, said that the firearm was planted evidence. He also said that his bag was not in his actual possession during the arrest but was hanging on the handle of his bicycle that was outside the basketball court.
The court pointed out: “When cross-examined, accused Maga admitted that the bag seized during the arrest belongs to him. While he claims that the firearm allegedly confiscated from him is planted evidence, the accused had not filed any case against the police officers.”
The ruling noted that Maga explained that he was not able to file a case against the police as he was in detention
The court held that the arrest was valid. Maga said in his defense that he was only shown the warrant when they reached the Criminal Investigation and Detection Group-NCR, but the court said that this was not corroborated.
“It was not shown that the police officers were ill-motivated to arrest the accused on trumped up charges,” it added.
The court also said that Maga failed to “give any authority for possessing the loaded pistol,” and that he has no license for the firearm.
'Trumped-up case'
A group of political prisoners in Camp Bagong Diwa condemned Maga’s conviction, asserting in a statement coursed through rights group Karapatan that Maga is innocent.
“The cal.45 pistol and bullets allegedly found in his possession were planted by the AFP and PNP intelligence agents who arrested him last February 22, 2018. The arresting team used a spurious arrest warrant charging him with murder allegedly committed on March 17, 2017 at Cabadbaran City, Agusan del Norte, a place he has never been to,” they added.
They also said that “perjured testimonies of witness,” usually given by police and military, “is nothing new.”
“Hundreds of leaders and members of progressive organizations as well as ordinary peasants suspected of supporting the revolutionary movement have been thrown behind bars for years all over the country,” they added. The group also stressed that some have been victims of extrajudicial killings, involuntarily disappeared or tortured in the process of "arrest.”
“Though suspected of political offenses, they are charged with common crimes such as murder, arson, kidnapping, robbery, illegal possession of firearms and explosives, etc,” they added.
Karapatan Secretary General Cristina Palabay, meanwhile, said that the convinction is "an impetus for human rights advocates, trade unionists and activists to continue pushing back against a climate of political persecution and reprisal."
"We reiterate that unionism is not a crime, and trade unionists like Maoj are advocates who continue to raise workers’ legitimate demands despite an increasingly hostile environment. We are one with Maoj’s family, with his wife and 8-year-old son, in condemning his conviction. Alongside his counsel, we hope to explore other means to contest this decision and reiterate his innocence in relation to the fabricated charges against him,” she added.
Palabay also raised questions on the circumstances of Maga's arrest, as she pointed out that the activist had just brought his child to school when he was arrested and it was ludicrous that he would have a gun in his bag.
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