Court questions witnesses in Mt Prov 2010 poll case
>> Wednesday, July 3, 2013
By Gina Dizon
BONTOC,
Mountain Province – Prosecution witnessess in the controversial gun
ban case during the May 2010 elections in Paracelis town involving the son
and companions of re-elect Rep. Maximo Dalog were presented here last week
in the sala of Judge Sergio Angnganay Jr. of the Regional Trial
Court with accused filing demurrer to evidence
questioning witnesses’ testimonies next hearing set July
24.
Accused Domingo Fangkingan Lomong-oy and Floricel Miing were charged with violation of election gunban provided in Batas Pambansa 881 of the Omnibus Election Code and illegal possession of firearms by virtue of Presidential Decree 1866 following ruling of associate prosecutor Elizabeth Bringas.
The lady prosecutor charged the two accused following preliminary investigation on February 2011 and dismissed charges against co-accused Mario Yawan aka Norman Fonite and Dexter Tenepac Paredes due to “insufficiency of evidence against them”.
In the June 18 hearing, prosecution presented witnesses Pfc Jose Pulido Jr, 26; Pfc Salvador Bergonio and Major Kenneth Bangsig.
Witness- complainant Lt. Alvin Dagondon was reportedly out of the country.
On May 11, 2010, three motor vehicles carrying six high powered firearms were seized at a checkpoint in Sitio Ampecla, Bunot, Paracelis by members of the 54th Infantry Battalion of the 5th Infantry Division of the Philippine Army during the May national and local election that year.
One of the confiscated firearms, a Bushmaster 5.56 Cal.was registered in the name of Maximo B. Dalog as certified by the National Police Commission.
Accused were Fangkingan Hewan aka Domingo Fangkingan, Mario Yawan aka Norman Fonite and FloricelMi-ing driving three vehicles, a hi lux, Toyota and Strada; and police officer Dexter Tenepac Paredes.
A separate petition for inclusion was filed by Atty. Cyrus Calaya, counsel of then congressional aspirant Jupiter Dominguez before the Office of the Department of Justice to include Clarence Dalog, Paredez and Yawan in the criminal case following Bringas’ ruling.
Resolution for said separate petition is pending before the Office of the Department of Justice.
Confiscated guns were placed under the custody of the Philippine Army while the three cars impounded at the Bontoc Barracks under the custody of Atty Sergio Milan are not located anymore at the Barracks with two of the cars reportedly sold to private individuals.
It shall be recalled that Mountain Province prosecutor Golda Calaoa- Bannawi, “in the interest of fair play and justice”, inhibited herself in handling the case when said case was initially filed at the Prosecutor’s office in Bontoc.
Said case was forwarded to then regional state prosecutor Ceasar Nonnatus Roxas who then assigned the case to Baguio prosecutor Elmer Sagsago and the latter contested to inhibit Sagsago by respondents Fangkingan, Mi-ing, and Yawan. Roxas then assigned prosecutor Bringas of Vigan City to handle the case.
The two accused Fangkingan and Miing through Atty Lauro Gacayan filed a petition for review before the Department of Justice on January 2012 to exculpate them but the DOJ dismissed the petition.
Public clamor exhibited in signed petitions and letter-appeals to concerned authorities including the National Bureau of Investigation, Commission on Elections and the Philippine National Police asked for investigation of the alleged participation of other car occupants including Clarence Dalog, son of Rep. Dalog.
Accused Domingo Fangkingan Lomong-oy and Floricel Miing were charged with violation of election gunban provided in Batas Pambansa 881 of the Omnibus Election Code and illegal possession of firearms by virtue of Presidential Decree 1866 following ruling of associate prosecutor Elizabeth Bringas.
The lady prosecutor charged the two accused following preliminary investigation on February 2011 and dismissed charges against co-accused Mario Yawan aka Norman Fonite and Dexter Tenepac Paredes due to “insufficiency of evidence against them”.
In the June 18 hearing, prosecution presented witnesses Pfc Jose Pulido Jr, 26; Pfc Salvador Bergonio and Major Kenneth Bangsig.
Witness- complainant Lt. Alvin Dagondon was reportedly out of the country.
On May 11, 2010, three motor vehicles carrying six high powered firearms were seized at a checkpoint in Sitio Ampecla, Bunot, Paracelis by members of the 54th Infantry Battalion of the 5th Infantry Division of the Philippine Army during the May national and local election that year.
One of the confiscated firearms, a Bushmaster 5.56 Cal.was registered in the name of Maximo B. Dalog as certified by the National Police Commission.
Accused were Fangkingan Hewan aka Domingo Fangkingan, Mario Yawan aka Norman Fonite and FloricelMi-ing driving three vehicles, a hi lux, Toyota and Strada; and police officer Dexter Tenepac Paredes.
A separate petition for inclusion was filed by Atty. Cyrus Calaya, counsel of then congressional aspirant Jupiter Dominguez before the Office of the Department of Justice to include Clarence Dalog, Paredez and Yawan in the criminal case following Bringas’ ruling.
Resolution for said separate petition is pending before the Office of the Department of Justice.
Confiscated guns were placed under the custody of the Philippine Army while the three cars impounded at the Bontoc Barracks under the custody of Atty Sergio Milan are not located anymore at the Barracks with two of the cars reportedly sold to private individuals.
It shall be recalled that Mountain Province prosecutor Golda Calaoa- Bannawi, “in the interest of fair play and justice”, inhibited herself in handling the case when said case was initially filed at the Prosecutor’s office in Bontoc.
Said case was forwarded to then regional state prosecutor Ceasar Nonnatus Roxas who then assigned the case to Baguio prosecutor Elmer Sagsago and the latter contested to inhibit Sagsago by respondents Fangkingan, Mi-ing, and Yawan. Roxas then assigned prosecutor Bringas of Vigan City to handle the case.
The two accused Fangkingan and Miing through Atty Lauro Gacayan filed a petition for review before the Department of Justice on January 2012 to exculpate them but the DOJ dismissed the petition.
Public clamor exhibited in signed petitions and letter-appeals to concerned authorities including the National Bureau of Investigation, Commission on Elections and the Philippine National Police asked for investigation of the alleged participation of other car occupants including Clarence Dalog, son of Rep. Dalog.
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