Marikina RTC junks raps vs. peace consultant Renante Gamara

The Marikina Regional Trial Court has dismissed the charges for illegal possession of firearms and ammunition against peace consultant Renante Gamara.

In a 15-page order dated August 3, the Marikina RTC Branch 193 granted the demurrer to evidence and ordered the Regional Special Operations Unit-National Capital Region to release Gamara from custody.

“From the foregoing observations, the court believes that the quantum of evidence in criminal cases, that is, proof beyond reasonable doubt was not satisfactorily and adequately established by the prosecution,” it said.

The case stemmed from the search by cops in a house at Barangay Barangka, Marikina, which yielded a firearm and two explosives. Gamara allegedly occupied the house whenever he was in the city.

The Court, however, held that Gamara could not be considered in physical or constructive possession of the firearms and hand grenades as he was already detained when the search took place on March 29, 2019.

Gamara has been detained at Camp Bagong Diwa since March 21.

“In this case, aside from the fact that accused Gamara is in detention at the time the search was conducted, it was not established that he is actually a resident thereat or has been residing therein,” it said.

“The firearm and explosives were found in a house whose ownership or occupation thereof was not clearly proven and/ or established by the prosecution,” it added.

Meanwhile, it said that though it is “indubitable” that Gamara had no license to possess a fragmentation hand grenade, examination revealed that the evidence presented by the prosecution failed to prove that the hand grenades submitted during the trial were the same object retrieved at the residence.

“It must be emphasized that law enforcers/ police officers being one of the pillars of our criminal justice system should ensure that the evidence against the accused is clear and convincing and that not even a scintilla of doubt must come to the scrutinous eye of the court,” the Court said.

“Otherwise, once shown that such doubt existed no matter how innocuous it may be, the court will be left no option but to sustain the demurrer to evidence,” it added.

The Public Interest Law Center (PILC), Gamara’s counsel, said the trials have exposed “errors and irregularities in police operations.”

“The dismissal of the cases proves and highlights the enormous embarrassment upon the law enforcement agencies for fabricating cases and planting evidence. Trumped-up cases do not withstand fair and rigorous trial, and should perforce cease at once,” it said.

According to the PILC, the persecution of peace consultants has been a waste of time and public funds.

“None of the cases against peace consultants for allegedly possessing unlicensed firearms and explosives have prospered so far, showing clearly and steadily how persecuting them has been a waste of time and public funds,” it said.

The PILC said Gamara was arrested after peace talks were terminated by the Duterte administration.—LDF, GMA News