Gandara Mayor posts bail for gun ban violation

By EMY C. BONIFACIO, Samar News.com
August 21, 2010

CATBALOGAN CITY  –  Gandara Mayor Antonieto Cabueños posts bail amounting to P80,000 after he gets arrested by police authorities who were manning a routine checkpoint infront of the Sta. Margarita Police Station.

The incident took place around 3:30 in the afternoon of August 18, 2010. The arrest was made by virtue of a warrant issued by Judge Manuel F. Torrevillas of Branch 23, Allen Northern Samar on a case docketed as Case No.A-2564 for Violation of Sec. 26 par (t) of the Omnibus Election Code in relation to Sec.32 and 33 of RA 7166 and COMELEC Resolution No. 8714.

Cabueños, with two other companions, were passing through the Sta. Margarita checkpoint on board a Fortuner, when they were flagged down by joint police teams coming from the Sta Margarita and Gandara MPS led by P/Insp. Angelo Pueblos and P/Insp. Jovy Espinedo, respectively. He was handcuffed and immediately brought to the Gandara Municipal Police Station for documentation. Samar PNP Director Pancho Adelberto Hubilla was present to ensure that the proceedings are in order.

On its case files, it was reported that on or about 2:45 in the afternoon of February 2, 2010 Cabueños, with three unauthorized armed escorts namely; PO3 Jonathan Rama, PO3 Edgar Delector and P02 Perfecto Merilles of Gandara Police Station, were apprehended in a checkpoint in Lavezares, Northern Samar for violating the COMELEC gun ban.

As provided in sec. 32 of RA 7166, "during the election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance even if licensed to possess or carry the same unless authorized in writing by the Commission..." Likewise, Comelec Resolution No. 8714 provided the rules and regulation on the bearing, carrying or transporting of firearms or other deadly weapons; and employment, availment or engagement of services of security personnel or body guards during the election period for the May 10, 2010 national or local elections.

Cabueños was assisted by his counsel Atty. Hernando M. Hernandez during the documentation procedures. The earlier plan to transport him to the Provincial Hospital in Catbalogan for his routine medical check-up and further documentation at the Provincial Police Office was aborted after Dr. Ronaldo P. Roldan assessed Cabueños' unstable health condition. He was monitored to have high blood pressure and an abnormal heart rate, where travel for a long distance is unwarranted. The findings of Dr. Roldan, Chief of the Gandara Hospital, justified the counsel's appeal not to allow him to be travel to Catbalogan because of his health condition and as they were contemplating that his release orders will be served in that same evening.

In an interview with Mayor Cabueños, he said he was unaware of an existing warrant since they're still waiting for the resolution of the motion for reconsideration which was filed by his counsel. "Waray pa kami nakarawat nga surat kay kun may-ada daw la, amon kunta naasikaso kay baman bailable man an kaso. Waray naman ak iba nga kaso nga gin-aatubang. Maaram ka man nga tikang han akon pagkabata, waray gud ak gin kaaway. Baga man an ako na la an gin bibinantayan. Basta ako, nagsuporta gud la ak san amon partido." he added.

He was heard to complain about feeling dizzy and having gastric pains which was explained by his attending physician to be due to the tension and anxiety that he's experiencing. The police allowed him to be released from being handcuffed when he was stabilizing his condition at the hospital and when he was allowed to eat.

At about 8:30, on the same evening, Judge Reynaldo Clemens of Branch 31, Calbayog City ordered for his release. It was personally serviced by Mr. Gil L. Merencillo. The order was evidenced by OR# 3904984 for the bail posted. Immediately, Capt. Arthur Rubio, a PNP legal counsel, verified the signatories of the release order and ensured that all other legal aspects were complied with. Gandara Police Chief Espinedo facilitated the release of the Mayor in front of the media and his family, where he explained in detail the procedures that were done in accordance with the law.