The Department of Justice has dismissed a case filed for illegal possession of explosives against dismissed Cong. Arnolfo Teves over the recovery of a .45 caliber pistol and a fragmentation grenade found in a property in Basay that he allegedly owned.
In a six-page resolution dated August 8 but was received by the parties on Sept 28, prosecutor general Benedicto Malcontento approved the recommendation of prosecution attorney Hegel Jasper Balderama and senior deputy state prosecutor Richard Anthony Fadullon to drop the charges against Teves without prejudice for insufficiency of evidence.
However, the case against the other co-accused, Jose Palo Gimarangan, who was the occupant of the building during the raid last March 10 in Basay, Negros Oriental, was affirmed.
The case was filed March 12.
It can be recalled that the PNP CIDG raided the two storey building allegedly owned by Cong. Teves at Purok 4, Poblacion, Basay Negros Oriental on the strength of a search warrant issued by Exec. Judge Allan Franciaso Garciano of RTC Mandaue Branch 83.
The search team found two Cal. 40 Glock pistols which had proper licenses but found one unlicensed caliber 45 pistol with ammunition and one fragmentation grenade and one rifle scope.
In the resolution the Prosecutor dropped the complaint against Teves without prejudice while complaint for illegal possession of explosives because the complainant failed to prove that Teves owned the property as well as the firearm and rifle scope.
The case was, however, remanded by the DOJ to the CIDG for the conduct of further investigation.
As building owner, Gimarangan was found liable of the complaint for illegal possession of firearms because the firearm was found in his property. (AP)