By Leilanie G.
Adriano
Staff Reporter
Owing to the snail-paced
and highly suspicious turn of events on the multiple charges filed against
four Chinese nationals arrested with explosives, a Sangguniang
Panlalawigan member has asked his colleagues to take a closer look at the case
pending the passage of an ordinance institutionalizing the creation of the
provincial anti-private armed group council (PAGC).
The
institutionalization of the anti-private armed groups ordinance under the
Ilocos Norte government aims to identify and prosecute private armed groups and
individuals, guns-for-hire, and other organized crime groups—to include the
said four foreign nationals nabbed at a checkpoint in Pasuquin on May 28 for carrying unlicensed firearms and
explosives.
The unlicensed
guns seized from Dennis Co, Dang Hoi Yin, Lui Xin and Lei Guang Feng are
sophisticated and high-powered weapons prompting local authorities to surmise
that the suspects might have been engaged in illegal activities.
In a privilege
speech, SP member Vicentito M. Lazo on September 9, just before the adjournment of the Sangguniang Panlalawigan session,
accused a powerful politician from the first district of Ilocos Norte who is allegedly
backing these Chinese nationals.
According to
Lazo, the information came from a reliable source but he opted not to disclose the
identity of the person for security reasons.
The suspicion was
further intensified after Regional Trial Court Branch 19 Executive Judge Rosemarie Ramos inhibited
herself from the case to clear doubts of partiality after rumors circulated
that the judge allegedly received P2 million for the acquittal of the Chinese
suspects.
The Chinese
nationals were charged in the Bangui RTC with unlawful possession of firearms
and explosives under Republic Act 9516. The charges are non-bailable offenses.
The suspects were further charged of violating the election gun ban as they
were apprehended during the election gun ban period of the midterm elections
last May.
But weeks after
Ramos’ voluntary inhibition, Lazo said no less than acting provincial
prosecutor Maria Calija and the defense counsel, Atty. Ferdinand Agustin filed
a motion for reconsideration, prompting Ramos to change her mind and reconsider
her earlier decision.
“There is more to
this than can be seen,” Lazo theorized citing his more than 20 years of
practice as lawyer, he has yet to see an order of inhibition reconsidered until
now.
“It is my honest
belief that Ramos should inhibit herself,” Lazo said.
The defense
counsel said in an interview that the motion asking Ramos to reconsider her
earlier decision was filed because if the executive judge inhibits, the case
will be further delayed because the Supreme Court will have to designate
another presiding judge.
But Lazo told
members of the provincial board: “Under canons of judicial ethics, when a judge
is disqualified under the canons of the rules, the judge has no choice but to
disqualify him/her from presiding based on the grounds enumerated there upon. So
far as inhibition is concerned, in Regional Trial Courts and in inferior
courts, where it is not collegial and there is only one judge presiding,
inhibition is always addressed to the sound discretion of the judge. Meaning
the judge tries to weighs it. Will he or will he not inhibit. Only upon valid
grounds should the judge inhibit himself and in this case, the judge indeed
inhibited herself to erase doubts of her alleged partiality to acquit the
accuse.”
“I don’t see why
the prosecution joined in that motion because the right of the accused to a
speedy trial is the look out of the defense counsel. That is why there is more
to this than what it can be seen on the joint motion of the prosecution and the
defense counsel,” Lazo added citing he got hold of some data and records to
support his claim but chose not to reveal yet.
He later asked
for an executive session to reveal his records as well as to discuss the
board’s appropriate action prior to the passage of the anti-PAGS council
ordinance.
In a phone interview on September 10, Calija clarified that the motion for reconsideration she filed
earlier is separate from the motion for reconsideration of the defense counsel and
was meant only to safeguard an intelligence officer who is the source of the
“raw information” that around P20 million and not just P2 million is being used
as a payout allegedly to settle the case.
In what was meant
as a message of concern to authorities involved in the case, Calija admitted
she has forewarned Ramos and the defense counsel about the “raw information”
she gathered without identifying names and was “surprised” when Ramos
“voluntarily inhibited herself”. Ramos had since asked the PNP Regional Office
“to take appropriate action” against the intelligence officer who leaked the “raw”
information.
“I was just
trying to safeguard if there is truth to it but she [Ramos] blew up the issue
and now information gathering has been compromised,” Calija said as she has
also welcomed Ramos’ inhibition.
She said the police
and the prosecution have been closely coordinating on the case to expedite the
proceedings.
Ramos, on the
other hand, cannot be reached for comment as of press time.
To date, the
suspects are currently detained at the Ilocos Norte Provincial Jail. For about
four months now, the case has only moved to an initial hearing on September 12.
The case was arraigned on June 6 where the suspects pleaded not guilty.
Nonetheless, Lazo
reiterated efforts of the provincial board to craft legislations such as the
anti-PAGs ordinance will become useless if justice is not rendered.
“I am not saying
that they [Chinese nationals] should be convicted but we should closely monitor
the case so that whatever decision is rendered, it should be beyond any doubt,”
he ended.
Meanwhile, P/Sr.
Supt. Gerardo Ratuita, provincial director of the Ilocos Norte Police
Provincial Office (INPPO) said the issue involving a high-ranking politician allegedly
backing the suspects is still being validated.
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