ILOILO City – Bugasong, Antique mayor John Lloyd Pacete was found guilty of violating the election gun ban.
In its 25-page decision, the Regional Trial Court (RTC) Branch 64 sentenced Pacete to a maximum of two years of imprisonment.
“This court finds the accused John Lloyd Pacete guilty beyond reasonable doubt of violation of Comelec Resolution No. 10015 in relation to Section 261 of Batas Pambansa Bilang 881, as amended by Republic Act 7166,” read part of the decision dated Feb. 27 penned by Presiding Judge Mario Andres Jr.
The RTC recommended Pacete to serve his sentence at the Bureau of Jail Management and Penology at Binirayan Hills in San Jose, Antique.
Aside from imprisonment, Pacete was also disqualified from holding public office and was deprived of the right to vote.
The case against the mayor stemmed from a complaint that Chief Inspector Juvy Cordero of the Bugasong municipal police station filed almost three years ago.
Pacete – vice mayor of Bugasong at the time – was charged with violating the Comelec gun ban for not turning over a .45-caliber firearm to the police.
On April 16, 2016, a certain “Eki” and “Eman” had a fight at the residence of village chief Alex Valdevieso in Barangay Tagudtud, Bugasong.
From the scuffle a .45-caliber gun was recovered.
Valdevieso, who secured the firearm, told the municipal police that he turned it over to Pacete who was also present during the brawl.
The Bugasong police, including Cordero, then went to Pacete’s house to ask where the gun was. Valdevieso was with them.
Pacete told the cops he would turn over the weapon the following day, April 17, said Cordero.
But no firearm was turned over to the police station, added Cordero, noting that Pacete also denied having the gun.
According to Cordero, Eki – who surrendered to the National Bureau of Investigation – said he gave the .45-caliber gun to Valdevieso.
“Eki confirmed that he handed the .45 firearm to Valdevieso, who turned it over to accused Pacete,” read part of Cordero’s affidavit.
Pacete, in his counter-affidavit on Sept. 28, 2017, said he was indeed in Barangay Tagudtud at the time of the brawl, particularly near Valdevieso’s house together with other local officials and supporters.
The then vice mayor added he saw Valdevieso aimed a gun – “that looked like a .45-caliber pistol” – at Eki and Eman.
“Then Eki fled away and Valdevieso followed him,” he said.
Pacete said he brought Eman to the hospital and reported the incident to the police.
That was when Cordero responded and asked for the gun but Pacete said he had no idea what gun the police officer was talking about.
According to the mayor, Valdevieso saying that he turned over the gun to him was “fabricated and politically motivated.”
Despite this, the RTC still ruled in favor of Cordero’s complaint.
The court said the “existence of the firearm” was established “even if it was not presented physically in court.”
“The prosecution was likewise able to satisfactorily establish that accused Pacete had the firearm in his possession…The positive testimonies of the witnesses of the prosecution where categorical and straightforward, and the circumstances souring has amply established the corpus delicti that the accused cannot escape conviction,” the RTC added./PN
