Republic of the Philippines

MUNICIPAL TRIAL COURT

Ninth Judicial Region
Branch 1
Zamboanga City
THE PEOPLE OF THE PHILIPPINES,
NO.50810-(14510)
Plaintiff,
-

CRIMINAL CASE

versus -

- for

JAAFAR HASSAN ABAN AKA

OF FIREARM
CMDR BABY AGUILA AND
AMMUNITIONS
USMAN NAWYA HALIKI,
Accused.
x-------------------------------------------x

ILLEGAL POSSESSION
AND

OPPOSITION TO MOTION FOR LEAVE

TO FILE DEMURRER TO EVIDENCE WITH
MOTION TO ADMIT DEMURRER TO EVIDENCE

COMES NOW, the State through the undersigned trial prosecutor,

unto this Honorable Court, most respectfully interposes its opposition
to said motion for leave to file demurrer to evidence with motion to
admit demurrer to evidence, as follows;
That contrary to the allegations of accused, through counsel
without restating the facts and evidence of the prosecution both
testimonial and documentary as shown by the transcript of
stenographic notes, the testimonies of prosecution witnesses Sgt.
Dexter L. Guinto and Cpl. Rolito P. Cabaron have clearly shown
that both accused were lawfully arrested on August 16, 2011 at
the checkpoint of the Philippine Army at Dona Cecilia, Sirawai,
Zamboanga del Norte, after both accused failed to present any
permit for the firearm that was placed in between the gasoline
tank of the motorcycle and the improvised seat on top of the said
tank. That thereafter, both accused including the items seized
were turned over by said Philippine Army personnel to the Sirawai
Police Station for investigation and filing of the cases against
them. Credence should be given to said prosecution witnesses
who are military officers, for they are presumed to have
performed their duties in a regular manner, unless there is
evidence to the contrary. In this case, accused failed to impute ill
motive on the part of Sgt. Guinto and Cpl. Cabaron. The claim of
1

accused that said witnesses have invented facts when they said
that the distance where the accused stopped is just 30 meters by
claiming that the distance is not 30 meters but 300 meters and
that if indeed, the accused brought along with them the said
firearm, explosive and ammunitions while on board a motorcycle
they could have stopped and take a U turn to avoid discovery
and eventual apprehension are all speculations and cannot
overcome the positive declarations of said witnesses ;
That, for the record, SPO1 Ernesto B. Ali, the police
investigator of Sirawai Police Station has executed his judicial
affidavit in this case before Associate City Prosecutor Edwinlino B.
Custodio on September 25, 2014 in Zamboanga City and was
ready to testify thereon on September 26, 2014 but was not able
to do so after the Honorable Court denied the Urgent Motion for
Reconsideration filed by the prosecution and ordered the
prosecution to rest its case.
IN VIEW OF THE FOREGOING, it is most respectfully prayed of this
Honorable Court that the herein Opposition be duly noted.
Zamboanga City, Philippines, November 21, 2014.

DENNIS F.
ARAOJO

Asst. Regional

Prosecutor
-Trial
ProsecutorCopy furnished:
Atty. Richie Gay T. Mendoza Rm.4, 3rd Floor, Park Pavilion Bldg.,
La Purisima St., Zamboanga City.