CEBU, Philippines – The Regional Trial Court has dismissed the case filed against a 31-year-old man who was arrested for alleged illegal possession of firearm.
Judge Gilbert Moises of RTC Branch 18 acquitted Jason Condia Gumban, a resident of Pardo, Cebu City, of violating Republic Act 10591, otherwise known as Comprehensive Firearms and Ammunition Regulation Act.
“Taking all the evidence together, the court is of the conclusion that the prosecution has failed to establish the guilt of the accused in the manner expected of it by law and jurisprudence. Stated otherwise, there is failure to overcome the presumption of innocence in favor of the accused,” Moises said in his decision.
Moises directed the jail warden of the Cebu City Jail to release Gumban from custody unless he is detained for other cases.
The incident happened on February 16, 2015 at about 11:20 a.m.
PO3 Reglyn Pepito of Pardo Police Station alleged that they received a call from a concerned citizen regarding the presence of an armed person at Lower Gochan, Quiot, Cebu City.
Acted on the report, Pepito said they proceeded to the area.
Pepito said they approached Gumban, introduced themselves as police officers and ordered him to drop his caliber .38 S&W Special revolver to the ground.
The police then placed Gumban under arrest.
Gumban, however, presented a different story. He alleged that he went to the area to see a friend when several persons approached and asked him from where he was.
But when he answered he was from Pardo, a neighboring barangay, he claimed he was suddenly mauled since they thought he was a thief.
Moises ruled in favor of the accused.
“Under the circumstances at hand, the court has to consider the evidence of the accused which appears plausible. As far as the Quiot residents were concerned the accused was a stranger to their place. His purpose in entering their territory was not easily discernible. The claim of the accused that he was mauled when he answered that he came from another place is not difficult to believe taking into the temperament of Filipinos who are oftentimes conscious of protecting their turf,” he ruled.
Moises said the prosecution was not able to prove that Gumban was indeed in possession of firearm when they did not present the concerned citizen who made the report.
He added that no ballistic examination was conducted to show that the gun allegedly recovered was recently fired as reported to the police by the bystanders who alleged that the accused fired a shot. —/LPM (FREEMAN)