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SC Acquits Gun-Toting Motorcyclist Due to Lack of Evidence

Manila: The Supreme Court (SC) has acquitted a man convicted by the lower court for illegally possessing a gun while he was being rescued during a motorcycle accident.

According to Philippines News Agency, in its 19-page decision published online on June 18 and written by Associate Justice Henri Inting, the high court reversed and set aside the ruling against Tony Baclig, citing 'failure of the prosecution to prove his guilt beyond a reasonable doubt.'

Police came to the rescue of Baclig, who figured in an accident near midnight on Oct. 2, 2016, while riding a motorcycle on a provincial road in Tayug, Pangasinan. During their interaction, police discovered a .45-caliber Taurus pistol inside Baclig's bag. Baclig, a retired member of the defunct Citizen Armed Force Geographical Unit, could not produce the necessary license and documentation for the gun, leading to his arrest.

The court stated that while the firearm was validly seized, 'reasonable doubt exists as to the integrity of the seized item.' The SC highlighted the arresting officers' failure to immediately mark the firearm at the place of seizure, which remained unexplained by the prosecution and constituted an unresolved break in the evidentiary chain.

The SC further remarked that the joint affidavit of arrest did not specify the measures taken by the police to secure the seized firearm and ammunition from the time of confiscation until they reached the police station. Additionally, the prosecution did not detail the transport of the seized items to the crime laboratory, the identity of the receiving personnel, or the procedures observed in their safekeeping following examination.