The Supreme Court has affirmed the indictment of Mayor Angeles Carloto II of Tampilisan town in Zamboanga del Norte and his police escorts and supporters for allegedly violating the gun ban during the 2016 elections.
During an en banc session Tuesday, the SC sustained resolutions of the Commission on Elections finding probable cause in the case for violations of Section 261 (e) and Section 32 of the Omnibus Election Code and Republic Act No. 7166 (Synchronized National and Local Elections Law) against Carloto and 18 others.
The said provision penalizes carrying of firearms during election period as an election offense.
It dismissed the petition of Carloto seeking reversal of the assailed Comelec resolutions dated Nov. 21, 2017 and June 26, 2018 that found basis in the complaint filed by the mayor’s rival in the mayoralty race, Also Chan.
“The Court resolved dismiss the instant petition for certiorari with prayer for the issuance of temporary restraining order and/or writ of preliminary injunction for failure to show that the Comelec gravely abused its discretion amounting of lack or in excess of jurisdiction in issuing the (assailed resolutions),” the SC through SC spokesperson Atty. Ma. Victoria Gleoresty Guerra said, in a media briefing.
“The Court held that records show that the Comelec did not commit grave abuse of discretion in finding that petitioners may probably be guilty of the charges,” the high court said.
The high court also ruled that the assertions made by Carloto and other petitioners “are matters of defense which can be properly threshed out in a full-blown trial.”
Apart from Carloto, also indicted by the poll body were Police Chief Inspector Roldan Molate, Police Senior Inspector Alexis Bahunsua and Police Officers Jeffrey Natividad, Jimmy Panganiban, Lenz Jasser Fabillar, Ryan Quilaton, Eliaquim Taman and Katherine Benedicto; and Generico Jauculan, Victory Gegrimosa, Marlous Buenafe, Richard Halupay, Marlon Andes, Pablo Benavides Jr., Rolando Parami, Federico Rapal Jr., Sally Rejan and Bernandita Gulagula.
The case stemmed from an incident on May 4, 2016 where Carloto’s armed men fired shots at Chan’s campaign headquarters. The armed men arrested the complainant and detained him in the police provincial office, which prevented him from campaigning during the crucial period of the election.
A policeman identified as Police Senior Inspector Mirdan Usama was killed during the incident and is subject of another criminal case.”‹