Poll case probe starts after DOJ resolution

By Gina Dizon

BONTOC, Mountain Province -- A year after it was filed here, the much delayed preliminary investigation of the gunban case against Domingo Hewan/Domingo Fangkingan, Mario Yawan, Norman Funite, Floricel Miing, and Dexter Paredes shall begin upon resolution of the Department of Justice, judge Joseph Patnaan of the Regional Trial Court here said .

Patnaan, in a resolution, ordered further proceedings are suspended pending resolution of appeal interposed by the accused with the office of the Secretary of Justice, seeking a review of the resolution of acting provincial prosecutor Elizabeth Bringas.

Lawyer for the accused Lauro Gacayan said there was no primary evidence to support charges of violation of Presidential Decree 1866 and violation of the Comelec gunban in his resolution which reached the DOJ.

In her resolution, Bringas indicted Fangkingan Hewan and Floricel Miing while charges against Norman Funite/Mario Yawan and Dexter Tinipac did not pursue.

Bontoc residents Fangkingan Hewan, Mariano Yawan, and Floricel Miing were arrested at Sitio Ampekla, Barangay Bunot in Paracelis for violating Comelec’s gunban law by allegedly carrying six high powered firearms loaded in three cars on May 11 this year, police reports reveal.

A complaint for violation of the Omnibus Election Code and PD 1866 on illegal possession of fire arms was then filed by the Philippine Army against Domingo Hewan/Domingo Fangkingan, Mario Yawan/ Norman Funite, Floricel Miing and Dexter Paredes.

The case was initially filed at the Prosecutor’s Office in Bontoc, and forwarded to the Office of Regional State Prosecutor Ceasar Roxas following inhibition of prosecutor Golda Bannawi “in the interest of fair play and justice.”

Said case was assigned to Baguio Prosecutor Elmer Sagsago followed by a protest for his inhibition to the case, till said case was assigned to Prosecutor Bringas .

Meantime, a letter-appeal by community leaders was forwarded to the offices of the Comelec, Philippine National Police (PNP, the Philippine Army, National Bureau of Investigation, and Cordillera Human Rights Alliance to investigate the arrest and release of those involved in the incident in Bunot wherein army personnel confiscated Bushmaster Cal. 5.56 reportedly owned by Maximo Dalog and a 92 FS Pietro Beretta Cal. 9mm accordingly issued to police Insp. Dexter Mariano Paredes.

Signatories also called for an investigation of why all occupants of the three confiscated cars were not arrested and named in the Paracelis police report.