An arrested leader of the Communist Party of the Philippines-New People’s Army (CPP-NPA) has been convicted by the Taguig City regional trial court (RTC) for illegal possession of explosives, firearms and ammunition, the Department of Justice (DOJ) said.
In a statement, the DOJ said convicted by Taguig City RTC Branch 266 in a joint decision was Tirso Alcantara, who is also known as “Ka Bart” and “Ka Nissan.”
The DOH said the trial court “found Alcantara guilty beyond reasonable doubt of the crimes of Illegal Possession of Explosives and Illegal Possession of Firearms and Ammunition.”
“The Court sentenced Alcantara to suffer the indeterminate penalty of 11 years and four months of prision mayor as minimum to 16 years, five months and nine days of reclusion temporal as maximum and a fine of P50,000 for the crime of Illegal Possession of Explosives,” it said.
“He was also sentenced to suffer the indeterminate penalty of five years, four months and 20 days of prision correccional as minimum, to seven years and four months of prision mayor as maximum, and a fine of P30,000 for the crime of Illegal Possession of Firearm or Ammunition,” it added.
A copy of the RTC decision was not made available by the DOJ.
Quoting from the decision, the DOJ said the RTC ruled that “after a judicious perusal of the evidence adduced, the Court finds that the prosecution was able to establish all the elements of the crimes.”
“The corpus delicti is the accused's lack of license or permit to possess or carry the firearm, as possession itself is not prohibited by law. To establish the corpus delicti, the prosecution has the burden of proving that the firearm exists and that the accused who owned or possessed it does not have the corresponding license or permit to possess or carry the same," the DOJ also said citing the decision.
The DOJ said that Justice Secretary Jesus Crispin C. Remulla has commended members of the DOJ Task Force on Anti-Terrorism for the successful prosecution of Alcantara whom the agency described as “a known Executive Committee member and ‘Kadre’ or leader of the Southern Tagalog Party Committee of the CPP-NPA.”
Alcantara was arrested in January last year in Guiguinto, Bulacan by joint operatives of the Philippine Army and the Philippine National Police (PNP) while serving an arrest warrant issued by Lucena RTC Branch 59 where he is facing rebellion charges.
“However, Alcantara tried to escape by boarding a motorcycle. The special forces tried to flag down the motorcycle but Alcantara jumped and drew his firearm, prompting members of the special forces to shoot resulting in the wounding of the accused,” the DOJ said.
“After conducting a search, the team recovered from Alcantara’s possession the following items: one EA grenade hand fragmentation MK2, nine blasting caps with six meters and six inches of detonating cord, and 12 feet and seven inches of time fuse, which are capable of producing destructive effect on contiguous objects or causing injury or death to any person,” it added.
The DOJ noted that Alcantara failed to present any documents for the firearms and ammunition when asked by arresting officers.
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