Raps filed vs fiscal over release of gun ban violator

Complaints of malfeasance and grave abuse of discretion were filed against the Pasay City prosecutor who ordered the release of an Albay town mayor arrested for violating the election gun ban. The administrative complaints against Assistant City Prosecutor Manuel Ortega were filed by the Philippine National Police (PNP) with the Office of the Ombudsman.

“The complaint stemmed from Ortega's alleged abuse of discretion and malfeasance in handling the prosecution of Mayor Avelino Ceriola of Malinao, Albay," said PNP spokesman Chief Superintendent Leonardo Espina in a statement Thursday. Ceriola was arrested Monday at the Terminal 2 of the Ninoy Aquino International Airport (NAIA) for carrying a .45-caliber pistol before he was about to board a Philippine Airlines flight bound for Legazpi City. [See: Mayor arrested at NAIA for gun ban violation] Despite the evidence presented by arresting officers during inquest proceedings, Ortega still came up with a resolution favoring Ceriola after "finding lack of probable cause sufficient to sustain respondent's formal indictment in court." Ortega said the "subject gun or firearm and ammunition were not actually presented during inquest proceedings and that no affidavit or sworn statement vis-à-vis the gun ban exemption request for [Commission on Elections] certification was also submitted or presented during inquest proceedings." PNP chief Director General Jesus Verzosa lamented Ortega's decision to let Ceriola go, saying it showed the "apparent lack of support" from the prosecution. He added that the decision was reminiscent of incidents in Abra where politicians “exerted undue influence over prosecution and judicial authorities in cases involving loose firearms and partisan armed groups." At the time he was arrested, Ceriola tried presenting a Permit to Carry Firearms Outside of Residence (PTCFOR) supposedly issued by Commissioner Lucenito Tagle, chairman of the Comelec's Committee on the Ban on Firearms and Security Personnel (CBFSP). Authorities, however, said the document was fake. The PNP has already asked the Comelec to disqualify Ceriola for the alleged violation of the gun ban. - KBK, GMANews.TV