REGIONAL TRIAL COURT
5th Judicial Region
PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIM CASE No. 6146
For: VIOLATION OF COMELEC
-versus- RESOLUTION No. 8714 in
relation to Sec. 32 & 33 of RA 7166
MICHAEL DEL ROSARIO,
J U D G M E N T
Accused Michael del Rosario was charged by the Office of the Provincial Prosecutor of Albay for Violation of COMELEC Resolution No. 8714 in relation to Sections 32 & 33 of R.A. No. 7166, in an Information quoted hereunder:
The undersigned Assistant Provincial Prosecutor of Albay hereby accuses MICHAEL DEL ROSARIO of Amtic, Ligao City for VIOLATION OF COMELEC RESOLUTION NO. 8714 in relation to Sections 32 and 33 of RA 7166, committed as follows, to wit:
“That at about 2:50 o’clock in the morning of February 6, 2010, at Barangay Magurang, Municipality of Polangui, Province of Albay, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent to violate the law, did then and there wilfully, unlawfully and knowingly bear, carry and possess a deadly weapon (balisong) in a public place, without the necessary permit and authority from the COMELEC to possess and carry the same within the election period, to the damage and prejudice of the public interest.”
ACTS CONTRARY TO LAW.
Ligao City, Albay, Philippines, February 28, 2010.
(Sgd.) VIRGILIO N. ORPIADA, JR.
Crim Case No. 6146
People vs. del Rosario
The accused was committed to the Polangui District Jail on April 29, 2010. He was arraigned on May 18, 2010 in the dialect known to him with the assistance of his counsel from the Public Attorney’s Office and he pleaded not guilty to the offense as charged which was entered into the records. During the pre-trial conference on June 28, 2010, the admitted fact of both the prosecution and the defense is only the identity of the accused as arraigned. Thereafter, trial on the merits ensued.
EVIDENCE FOR THE PROSECUTION
The prosecution presented four (4) witnesses, namely: PO3 Russel C. Requeza, Wenceslao P. Reyes, Jeheil Navarez and Rodrigo P. Sapo. Their testimonies may be summarized as follows:
At around 2:50 A.M. on February 6, 2010, Jeheil Navarez (Jeheil for short) was awakened by the presence of a thief inside his house. When he called the attention of the thief, the latter immediately jumped out of the window. Jeheil’s brother woke up and both of them searched for the thief who jumped out of the window. They were able to find the thief who was being chased and mauled by many persons who were also victimized by the said thief at Barangay Magurang, Polangui, Albay. Jeheil saw his cellphone in the possession of the thief who was identified as Michael del Rosario, the herein accused. When Police Officer Russel C. Requeza arrived at the place of the incident because of the request for police assistance from a certain Rodrigo P. Sapo, he pacified the bystanders who mauled herein accused and he directed the latter to lift his shirt. It is at this point in time that Police Oficer Russel C. Requeza saw the fan knife (balisong) tucked on the waist of the accused. The latter did not use the fan knife to defend himself from the bystanders who mauled him. Thereafter, the accused was brought to the Polangui Police Station and a corresponding complaint was filed against him. In support of the complaint for the Violation of COMELEC Resolution No. 8714 in relation to Sections 32 & 33 of RA 7166, the prosecution presented a Certification from COMELEC stating that the accused was not authorized to possess or carry a fan knife or “balisong” and the same was testified to by Election Officer III Wenceslao P. Reyes....