TING, Alexis A.

JD-1
Constitutional Law 1
Presiding Judge E.A.A Singco
Regional Branch No. 12
Case: People vs. Edgar Sabroso
Witness Presentation
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To tell the truth and nothing but the truth

Details
Connection to the accused
Witness was Rosalita Caneno, 57, widow, barangay captain of Boo, Taob, Cebu City
Defendants contention was that accused was not the one to possess the firearm
Firearm was in UBOX of MC he was driving
Firearm was barangay property
Barangay captain since 1989. Last term 2007. Became councilor. Ran again in 20100.
August 27, 2011 food patrol was conducted in a sitio in their barangay in search of
marijuana plantation in the mountains
At around 4 am, they arrived at the barangay hall. Witness waited along with suspect for
the other tanods before proceeding to the different sitios
Suspect - Chief Tanod
17 barangay tanods
Firearm was a 0.45 caliber service pistol
Others were also bringing bolo to clear the pathway in going to the different sitios
Sabroso was the chief tanod
Witness carried the service firearm owned by the barangay
Proof: Authority to Transport and Inventory of Barangay
Where was the firearm purchases? Shooters Guns and Ammunition Corp.
Who issued the authority to transport? Association of Barangay Council (ABC)
Serial number of service pistol : 889029
Exhibit 1 Authority to Transport Firearms and Ammunition
Witness cannot recall the exact time when firearm was purchased
Richel Ardas Suhi (signature above printed name)
Gemma Amoro (head of inventory committee)
Prepared during physical count of inventory 12/01/2010
1 unit pistol 0.45 caliber 889029
2010 Barangay Captain
Proof Oath of Office (original copy received by DILG-Cebu City)
At around 12 noon, they went down from Sitio Taob
Had lunch at house of one of the tanods
Since Chief Tanod had a motorcycle, she requested Chief Tanod to bring her to her
home after lunch
W pwede ba isulod ang pistol sa UBOX kay gikapoy na ang witness ug bitbit
Why? Pistol had no holster and it was quite uncomfortable to have it
Pistol was inside UBOX while backriding sa MC
Already nearing the barangay hall
W after CT brought me to barangay hall, I left while he hurriedly left also because he
had another appointment

CT met with his wife at Tabunok public market at Talisay

W came to realize after arrest of CT that she forgot to retrieve the gun inside UBOX of
CT
Wa na maabtan ni W si CT kay gipriso naman sa Talisay City Police
Kinsa ang arresting officer? Chief sa Talisay Police
W tried so many times to hangyo Chief of Police of Talisay but to no avail. Convo
transpired at Office of Talisay City Police

COUNTERARGUMENT
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What fund was used for the purchase of the pistol? At first W said it was her own fund
then upon clarification, she said that barangay funds were used to acquire the pistol.
Authority to transport firearm ABC handed
Registration to whom was it registered? Name of barangay/name of witness
Authority to Transport buyer from store after purchasing gun in 60 days
From the store to the barangay hall
When was authority to transport issued? 1995
Authority to transport states only valid from October 18 to November 30, 1995
After expiration, December 1, 1995
Pasalig sa gipalitan / assurance of seller that they will process issuance of license to
possess firearm
On October 1, 2015 is firearm still registered? No
W did not complain to the seller?
W : When she returned to Shooters, there was no record that the gun was purchased by
them from the store
Despite expired license, still used the gun
No authority and license from 1995-2005
Period of 10 years
W tried to apply for license but license was not issued

During the food patrol, W was carrying the firearm since firearm had no holster

Going there they did not ride vehicle, only walked

Only W was bringing a firearm

Its okay to bring firearm while walking

From 1995 to arrest of chief tanod, no license to own, possess or carry firearm

W: bisag walay license, pwede ra basta dili mulapas sa jurisdiction sa barangay

Yes, maoy reason kay dili man sad kaunay magdala ug firearm

Any other barangays doing this practice? Yes, sa bukid daghan gubot (almost all
barangays there allow bringing firearms)

CT is not the owner of the firearm

W accused was already detained and a case was already filed against him

Case illegal possession of firearms for carrying firearms without license

Naggubot daw sa merkado sa Tabunok then naapil ug kadakop si CT

Do you want this firearm recovered and returned to W? Yes, her accountability to the
barangay

Violation of RA 294

ABC did not know about the firearms

End of COUNTERARGUMENT

ABC gave advise for barangay captains to purchase firearms to be funded by the
barangay fund

Under what ownership? As barangay captain and not in her personal capacity

~ witness was then excused and asked to step down