Bullet allegedly found in 56-year-old OFW’s bag different from presented evidence

The bullet allegedly found in the luggage of Gloria Ortinez, the 56-year-old OFW who was arrested at the airport last week as she was supposed to leave for Hong Kong, was different from the evidence presented by authorities before the Pasay City Prosecutors Office.
In a ruling, Senior Assistant City Prosecutor Willy Chan said, "Based on the evidence presented, the undersigned notice [sic] that the attached photograph depicting one (1) ammunition for carbine rifle and the actual ammunition presented during the inquest proceedings allegedly seized from the respondent is distinctively different from one another, thereby causing reasonable doubt as to the identity of the subject ammunition."
Ortinez's lawyer, Spocky Farolan, showed the media a copy of the resolution during a press briefing on Tuesday.


Embedded image permalink

Farolan said the difference in the sizes of the two bullets was notable enough for the Pasay Prosecutor's Office to reach a decision without calling for a munitions expert to identify the confiscated bullet.
"In the complaint, they didn't even identify... Wala, it's nothing here," he said.


 Embedded image permalink
The resolution resulted in Ortinez, who was arrested at the Ninoy Aquino International Airport, being released from custody.
Ortinez underwent inquest proceedings after she was accused of violating Sec. 28 of Republic Act No. 10591 or the "Comprehensive Firearms and Ammunition Regulation Act" by PO1 Rommel Ballesteros, SSO Eurica Galang, SSO Phil Anthony Abella, and SSO Rubilinda Rosal.
Held for 24 hours
Farolan said his client was unnecessarily held for 24 hours before she was brought in for inquest proceedings. He added that there must be animus posidendi, or the intent to posses, for a case to proceed.
"Dalawa po ang elemento: kailangan may possession, kailangan may ammunition... Yung sa ammunition, may problema na: piskal na mismo nagsabi," Farolan said.
"Pangalawa: possession. Sa ilalim po ng batas, at sa naging desisyon na rin po ng Supreme Court, sa del Rosario vs. People, kailangan po may animus posidendi... kinakailangan alam nung tao na siya mismo ay may dalang bala. Kung wala yung elemento na 'yun, wala yung elemento ng possession," he added.
Despite the favorable development, Farolan said the case placed Ortinez's contract of 13 years with her employer and her visa in danger.
"Kinabahan kami doon sa sitwasyon na baka wala nang balikang trabaho si Nanay Gloria," Farolan said.
While Ortinez and her employer, a single mother, and her employer's daughter were close, he said the attention generated by the case may dissuade her employer from extending her contract, visa, and working permit.
"Paano niya sasabihin na siya ay dapat bigyan ng working permit ng Hong Kong government kung, on official record, meron siyang pending na criminal case?" he said.
Ortinez was free to go back to Hong Kong, but limited resources and the preliminary investigation prevented her from returning to Hong Kong.
"Walang balakid para umalis si Nanay Gloria sa ngayon, pero paano ka aalis kung inaantay mo, ipapatawag ka ulit para magkaroon ng preliminary investigation?... Hindi lahat ng tao ay kaya na mamasahe balikan sa Hong Kong, kahit sabihin mo pang piso fare," Farolan said.
When asked if they would press counter-charges, Farolan answered that they would wait for the investigation to proceed before looking into a case.
"Katotohanan at katarungan ang hanap namin. Alamin muna natin ang katotohanan. Ayokong mag-bintang... We have never thrown any stone unnecessarily against any official of our airport administration," he said.
Moreover, they had not received CCTV footage from Laoag nor requests for their version of the events from investigating officers.
"Talagang 'di mo masasabi, baka may ibang involved," Farolan said. — KBK/DVM, GMA News

Comments

Post a Comment

Popular posts from this blog

PCG: China’s bullying in West Philippine Sea undermines international law --- Ghio Ong - The Philippine Star

MANILA, Philippines — Letting China sustain its aggression in the West Philippine Sea would make other countries doubt the strength of international law currently being asserted by the Philippines, Commodore Jay Tarriela of the Philippine Coast Guard (PCG) said. “Allowing China to blatantly disregard the established rules-based order threatens the very foundation that we all depend on,” he wrote in a post on X last Tuesday. He added, “If we permit this, countries worldwide may forget why this order was created in the first place. Nations could begin to doubt the significance of adhering to international law if powerful bullies can easily violate it.” Tarriela also said defiance of other countries to a rules-based order would result in the prevalence of cruelty. He wrote, “This could lead us back to a time when might makes right, undermining the global structures that keep human greed, savagery and barbarism in check. Such a scenario would not only invite challenges from aggressive ...
Read more

China ships maintain presence in key West Philippine Sea areas --- Michael Punongbayan - The Philippine Star

STAR / Michael Varcas MANILA, Philippines — While Chinese vessels in the West Philippine Sea (WPS) have decreased in number, they have maintained a presence in three key land features where naval and coast guard ships have intensified operations in the past seven days, according to the Philippine Navy. Latest monitoring by the Philippine Navy showed armed ships of the People’s Liberation Army Navy (PLAN) maintaining a menacing presence around the grounded BRP Sierra Madre in Ayungin Shoal, Panatag Shoal and Escoda Shoal. According to the Philippine Navy, there are 17 Chinese military vessels and 28 China Coast Guard (CCG) boats spotted inside the country’s exclusive economic zone (EEZ) between Sept. 23 and 30, or one vessel more than in the previous week Sept.17-23. Five of the warships were seen roaming around the vicinity of Escoda Shoal, along with 10 CCG vessels and 12 maritime militia vessels (MMVs). There are also two PLAN ships in Ayungin Shoal as well as 10 CCG boats and 12...
Read more

Social media seen as cause of rising intermarriages --- Helen Flores - The Philippine Star

MANILA, Philippines — The Commission on Filipinos Overseas (CFO) sees social media as the main reason for the rising number of Filipinos marrying or becoming partners of foreign nationals. In 2022, the CFO recorded 6,854 marriages or partnerships with foreign nationals, a 40.1 percent increase from the 4,891 “intermarriages” recorded in 2021. “First of all, what we see in the increase in the marriage rate of Filipinos or Filipinos with foreign partners is because of social media, (that) is number one; matchings; letters, introduction of their friends,” CFO chairperson Romulo Arugay said at the Bagong Pilipinas Ngayon public briefing yesterday. Arugay said the agency has been registering a high number of intermarriages since 2007, but the figures went down during the COVID-19 pandemic. From over 6,500 Filipinos who married foreign nationals, only 600 are men, he said. Most of them are married to Americans, Japanese, Germans, Canadians and Australians, Arugay said. Arugay warned Fi...
Read more