Reelected Mayor Arvin Salonga. Photo by Armand Galang
SAN ANTONIO, Nueva Ecija – For lack of probable cause on a complaint of gun ban violation, the provincial prosecutor ordered on Monday the release from police custody of Mayor Arvin Salonga and municipal budget officer Armando Cruz.
Salonga and Cruz were held, along with five others, after policemen responding to an alleged collision between a vehicle from their convoy and one from the camp of mayoralty candidate Agripino Javier at Cuerpo St. Barangay San Francisco here reportedly found assorted firearms at about 9 p.m. Sunday.
According to the police, the officials were among the passengers of a seven-vehicle convoy when one, a Toyota Land Cruiser (0412) with “two armed men” on board, collided with a Mitsubishi Montero owned by Javier.
“The authorities were quick to respond and arrested the respondents,” the police records also showed.
Policemen reportedly seized from the respondents two .45 pistols, three .9mm pistols, one shotgun, one M16 Armalite rifles, several rounds of bullets and personal effects.
The inquest resolution signed by Inquest Prosecutor Edisom Rafanan and Provincial Prosecutor Bener Bauto, stated that the search made against Salonga and Cruz “are violative of their constitutional rights against unreasonable seizures.”
“This is based on the premise that the search made against the two respondents (Salonga and Cruz) were unlawful since a) the vehicle with the two respondents on board was not a party to the vehicular collision and situated at the rear end of the convoy,” the resolution read.
According to the prosecutors, while the vehicles were travelling as a group, the vehicle which was not involved in the collision “may not be the subject of a valid search as there is no probable cause for the same.”
Being stopped by police and engaged in a standstill from 9 p.m. of May 8 to 2:30 a.m. of May 9, the respondents had no choice but to submit to the order of the police in order to get out of their vehicle, it added.
“They just submitted to the authority of the police but not necessarily acceded to the ensuing illegal search,” the resolution explained.
The prosecution recommended the filing of charges of violation of RA 10591 or Omnibus Election Code against Salonga’s companions Joel Villarico, Rodrigo Brigilio, Joel Babac, and Joseph Guinto.
A regular preliminary investigation, on the other hand, was recommended on Salonga and Cruz.
The two who were released from police custody past 7 p.m. Monday were not able to vote.
Salonga branded the incident as a harassment set-up by their political enemies.
He said they went to the place to respond to reports of massive vote buying allegedly taking place in the area when they were forced to stop due to a long metal chair barricaded across the road.
“Noong kami’y pabalik na hinarang kami ng tricycle at may mahabang silya na bakal. At nung ipinaalis ko sa aking mga kasama ay biglang may mga dumating na naka-sibilyan na may baril at kasamahan ng mga pulis at kung saan pinipilit nang buksan ‘yung aming mga sasakyan at nung pagkakataon na ‘yun nag-standoff na,” Salonga said.
He vowed to file charges against people behind the incident.
Meanwhile, Salonga won over Javier in the May 9 polls.
