Dumaguete court acquits 6 in firearms, explosives case over weak evidence

Six individuals charged with illegal possession of firearms and explosives were acquitted by the Regional Trial Court (RTC) Branch 42 in Dumaguete City due to the prosecution's failure to prove their guilt beyond reasonable doubt.

In a joint judgment issued Monday, 22 September, Presiding Judge Marie Rose Inocanda-Paras ordered the release of Myles Albasin, Jomar Indico, Carlo Ybañes, Randel Hermino, Joey Vailoces, and Bernard Guillen unless they are detained for other lawful causes.

The cases stemmed from a 3 March 2018 incident in Sitio Tumonon, Barangay Luyang, Mabinay, Negros Oriental. Records showed members of the Philippine Army’s 62nd Infantry Battalion reported an armed encounter with about ten individuals around 2:30 a.m., leading to a pursuit that ended at an abandoned house where the six accused were arrested and allegedly found with high-powered firearms, ammunition, and explosives, including rifle grenades and a landmine.

But the court found significant gaps in the prosecution’s evidence. Key to the acquittal were the negative paraffin test results for all six accused, which contradicted the military’s claim that they had engaged in the gunfight.

The decision also cited the absence of civilian witnesses to corroborate the encounter, discrepancies in the arresting officers’ testimonies about what their lead scout saw using night vision goggles, and lapses in the proper handling and documentation of seized evidence.

“While it is true that denial is a weak defense... it is still the burden of the prosecution to prove the guilt of the accused beyond reasonable doubt and overcome the Constitutional presumption of innocence,” the court stated.

Despite the acquittals, the court ordered the confiscation of all firearms and explosives in favor of the government, to be turned over to the Regional Civil Security Unit Satellite of the Negros Oriental Provincial Police Office (NOPPO).