Man caught with gun at TFD checkpoint charged

THE OFFICE of the City Prosecutor has recommended that a charge of illegal possession of firearms and ammunition be filed against a man arrested at the Task Force Davao checkpoint in Barangay Sirawan, Toril District last May 1.

Vincente B. Pajo was indicted by Prosecutor Rizalyn Y. Gonzales for violation of Sec. 28 (a) in relation to Sec. 28 (e) (1) of the Republic Act 10591 (Comprehensive Firearms and Ammunition Regulation Act) for possessing a .38 caliber revolver loaded with six bullets.

The case stemmed from the complaint filed by Angelito Gaviola, a member of Special Cafgu Active Auxiliaries (SCAA) assigned at Sirawan checkpoint.

Based on the record, Gaviola was conducting the inspection when he saw the suspect take the firearm out from his bag and tried to conceal it under his leg.

Gonzales, in her May 10 resolution approved by Prosecutor Shahruddin Roberto O. Sencio, noted that the apprehending officer was authorized to conduct a routine inspection. “There is therefore sufficient evidence that SCAA Gaviola was justified in seizing the firearm,” the resolution read.

The prosecutor also cited a Supreme Court rulling in the case or Abelita III vs Doria that “under the plain view doctrine, objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be presented as evidence.”

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