Wednesday, July 3, 2013

Court questions witnesses in Mt Prov 2010 poll case


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. 

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