Manila court acquits Gabriela official, husband of criminal charges

The Manila Regional Trial Court Branch 19 has acquitted Gabriela Metro Manila chairperson Cora Agovida and her husband, Michael Bartolome of Kadamay, of the charges against them for failure of the prosecution to prove their guilt beyond reasonable doubt.

Agovida and Bartolome were arrested by authorities for alleged illegal possession of firearms, ammunition, and explosives during an operation in Paco, Manila.

“In sum, the prosecution failed to prove beyond reasonable doubt Bartolome’s and Agovida’s ownership or possession of the firearms, ammunition, and explosives and their lack of licenses to own or possess them,” it said.

“Thus, it failed to overcome the presumption of innocence which the accused enjoy. This Court is thus constrained to render a judgment of acquittal,” it added.

In the 13-page resolution penned by Presiding Judge Marlo Magdoza-Malagar, the court also ordered authorities to return the items which were seized from the couple during their arrest.

The court also observed inconsistencies in the testimony and cross-examination statements of uniformed personnel on whether they knocked and announced themselves, as claimed by authorities or barged into the homes of the subjects.

“The Court finds that said inconsistencies in their testimonies and their sworn written statements as well as the manner by which they ‘knocked and announced… when they knew all along that the subjects were asleep, puts to question whether the searching team did ‘knock and announce’ and whether it was sufficient compliance with said requirement,” it said.

Meanwhile, inconsistencies were also observed in the testimonies of the prosecution witnesses on where the firearms and grenade were supposedly recovered.

“They significantly erode the credibility of the testimonies of the prosecution witnesses, juxtaposed against the forthright and consistent testimonies of the accused and their insistence that the evidence against them was planted,” it said.

The court said the chain of custody in handling the confiscated items was also not duly established while none of the SWAT members were named.

It said the prosecution also failed to prove that the couple had no license to possess or own firearms.

“On a final note, the irregularities in the implementation of the search warrants, evident from the prosecution’s evidence itself, brings the Court back to Bartolome and Agovida’s protestation at the very onset of these cases— that the application and issuance of the search warrants were improper and had no bases,” it said. — RSJ, GMA News