The Manila Regional Trial Court docket Department 19 has acquitted Gabriela Metro Manila chairperson Cora Agovida and her husband, Michael Bartolome of Kadamay, of the costs towards them for failure of the prosecution to turn out their guilt past affordable doubt.
Agovida and Bartolome have been arrested by means of government for alleged illegal possession of firearms, ammunition, and explosives all the way through an operation in Paco, Manila.
“In sum, the prosecution did not turn out past affordable doubt Bartolome’s and Agovida’s possession or ownership of the firearms, ammunition, and explosives and their loss of licenses to possess or possess them,” it mentioned.
“Thus, it failed to triumph over the presumption of innocence which the accused experience. This Court docket is thus constrained to render a judgment of acquittal,” it added.
Within the 13-page solution penned by means of Presiding Pass judgement on Marlo Magdoza-Malagar, the court docket additionally ordered government to go back the pieces which have been seized from the couple all the way through their arrest.
The court docket additionally seen inconsistencies within the testimony and cross-examination statements of uniformed workforce on whether or not they knocked and introduced themselves, as claimed by means of government or barged into the houses of the themes.
“The Court docket unearths that mentioned inconsistencies of their testimonies and their sworn written statements in addition to the way wherein they ‘knocked and introduced… once they knew all alongside that the themes have been asleep, places to query whether or not the looking out group did ‘knock and announce’ and whether or not it was once enough compliance with mentioned requirement,” it mentioned.
In the meantime, inconsistencies have been additionally seen within the testimonies of the prosecution witnesses on the place the firearms and grenade have been supposedly recovered.
“They considerably erode the credibility of the testimonies of the prosecution witnesses, juxtaposed towards the forthright and constant testimonies of the accused and their insistence that the proof towards them was once planted,” it mentioned.
The court docket mentioned the chain of custody in dealing with the confiscated pieces was once additionally now not duly established whilst not one of the SWAT contributors have been named.
It mentioned the prosecution additionally did not turn out that the couple had no license to own or personal firearms.
“On a last observe, the irregularities within the implementation of the quest warrants, glaring from the prosecution’s proof itself, brings the Court docket again to Bartolome and Agovida’s protestation on the very onset of those instances— that the appliance and issuance of the quest warrants have been wrong and had no bases,” it mentioned. — RSJ, GMA Information