‘San Enrique 17’ cleared in illegal firearms case

By Francis Allan L. Angelo

THE Iloilo Provincial Prosecutor’s Office (IPPO) dismissed the criminal charges against the so-called “San Enrique 17” who were accused of carrying illegal firearms last May 10 elections in San Enrique, Iloilo.

In a resolution submitted and approved last August 23 but only released recently, Assistant Provincial Prosecutor Edwin M. Sustituya dumped the charges for illegal possession of firearms and explosives and violation of the election gun ban against the San Enrique 17.

The prosecutor said the “evidence submitted falls short of the quantum of proof required for the finding of probable cause against the respondents.”

The San Enrique 17 are Lino Savillano, Charles Pacaonses, Rolly Delatina, Antonio Sainz, Primitivo Alaro, Ruben Asupardo, Dionisio Dayaday, Jesus Maximo, Reynaldo Palmes, Rolly Fegarido, Gilbert Lara, Joebert Cornella, Larry Cala-or, Carlos Sumagpao, Virgilio Osano III, Andy Casanova and Elmer Carillo.

They wee allegedly involved in a standoff against the supporters of San Enrique mayoralty bet Rolando Cordero last May 10 at Brgy. Garita, San Enrique.

They were onboard three vehicles with no registration plates which later yielded high-powered firearms and explosives in subsequent searches by the police.

In the resolution, the prosecutor noted that the police implemented illegal searches and arrests against the respondents.

“Basic is the rule that a search and seizure must be supported by a valid search warrant, with of course some recognized exceptions, one of which is search as an incident to lawful arrest,” the resolution said.

The prosecutor said neither of the conditions was observed by the police when they arrested the San Enrique 17 and searched their vehicles.

“…It is apparent that they (police) only effected the arrest of the above-named respondents after the search was made. Neither had they implemented a lawful warrant-less arrest. Clearly, passengers cannot be arrested for boarding a vehicle without plate number. Basically, where the arrest is incipiently illegal, it logically follows that the subsequent search is similarly illegal it being not incidental to a lawful arrest,” it said.