Tiamzons ask Toledo court to dismiss illegal gun charges

LEGAL PROCESS. Lawyer Ian Vincent Manticajon reads the motion for judicial determination of probable cause filed by the Tiamzons and their aides. They want the RTC in Toledo City to dismiss the charges filed against them.

LAWYERS of Benito Tiamzon and Wilma Austria-Tiamzon, believed to be the leaders of the Communist Party of the Philippines and their six companions have asked the court to drop the the charges for illegal possession of firearms filed against them.

Cebu-based lawyer Ian Vincent Manticajon told reporters they will ask the court to drop the “Unlawful Acquisition or Possession of Firearms and Ammunition” when their cases are heard by the Regional Trial Court (RTC) Branch 29 in Toledo City, Cebu on May 2.

Manticajon, a member of the National Union of People’s Lawyers (NUPL) said he will serve as the legal coordinator in Cebu. The lead counsel is Manila-based lawyer Edre Olalia, NUPL president.

A motion for judicial determination of probable cause (with prayer to dismiss the case outright) was also filed last Wednesday in the Toledo City court.

“We believe that there was no probable cause. The inquest was rushed and improper,” he said.
Manticajon also added that the inquest should have been conducted in Cebu where the Tiamzons and their aides were arrested and not in Manila.

Based on the approved inquest resolution last March 24, the detainees were accused of having in their possession one .45 caliber Colt pistol, one 9mm Norinco pistol and two hand grenades inside the Starex van.

While inside the Innova van were one 9mm. Kimber pistol and one .357 revolver.

Benito and Wilma Tiamzon said in their counter-affidavit that they were on their way to Negros Oriental to continue organizing consultations with communities affected by Supertyphoon Yolanda when they were intercepted in Aloguinsan town on March 22.

They claim to be covered by safe conduct passes, under the Joint Agreement of Security and Immunity Guarantees (Jasig) as peace consultants of the National Democratic Front (NDF). The NDF represents the CPP and the New People’s Army in the on-and-off peace talks with the government.

The government argues they are not covered by the Jasig as the formal peace process between the government and NDF has been stalled.

Tiamzons said that no firearms nor explosives were listed in the inventory signed by their co-accused Rex and Lorraine Villaflor.

Just a defense

Senior Supt. Ritchie Posadas, chief of Criminal Investigation and Detection Group (CIDG-7) said that the firearms and explosives that were found in the vehicles are now in CIDG-NCR. He also added that the personal belongings of the Tiamzons are still inside the two vehicles.

Lawyer Manticajon was asked yesterday if the addresses of Jeosi Nepa, Arlene Panea, and Nona Castillo who were first reported to be from Cebu has been located he said, “Based on their affidavit, it is Tagalog, so if they are from Cebu then it should be in Cebuano/ Bisaya.”
Also arrested with the Tiamzons was Joel Enano.

Senior Supt. Ritchie Posadas, chief of CIDG-7 said there were firearms brought along by the Tiamzons inside the two vehicles during their arrest.

“We will stand by our statement that there were firearms seized from the Tiamzons,” Posadas said.

“It’s part of their defense,” he Posadas./with Correspondent Chito O. Aragon