Baylosis, companion ordered released by QC court

January 15, 2019

Charges of illegal possession of firearms and explosives filed against National Democratic Front  (NDF) consultant Rafael Baylosis and his companion were dismissed on Tuesday by a Quezon City court.

Quezon City Regional Trial Court Branch 100 ordered the release of Baylosis and Guillermo Roque from detention unless arrested for some other cause. The court also released a P120 thousand cash bond posted by Roque.

The verdict was made after  Presiding Judge Editha Mina-Aguba granted the demurrer to evidence filed by Baylosis and Roque.

A demurrer to evidence is an objection for the accusation, citing the lack of evidence by the  persecution,  the decision cited.

Baylosis and Roque were arrested at Aurora Boulevard, corner Katipunan Avenue in Quezon City, in January 2018 after police allegedly confiscated guns, ammunition and hand grenade. He was the first peace consultant arrested after the Philippine government terminated peace talks with the NDF.

Aguba ruled that the arrest made by police was illegal. "The arrest of the accused being illegal, the subsequent search on the persons of accused and the purported items cannot be used as evidence against them," she added.

Aguba said previous testimonies made by arresting police officers were "inconsistent."

"The statements of the three material witnesses, PO3 Padilla, SPO3 Fernando and PCI Briones were peppered with inconsistencies which could not just be ignored. Their contradictory individual claims are not so inconsequential or minor but a discrepancy touching on substantial and significant matter which could well affect their credibility as witnesses," she said.

The court said the "subject firearms and ammunitions as well as explosive (demilitarized) are hereby ordered forfeited in favor of the government.'' Cristina Eloisa Baclig/DMS