An alleged member of the Sorreda robbery gang who was arrested last year in a gun buy-bust operation has been sentenced to a long stay in prison, a hefty fine and more.
The Regional Trial Court found Jose Benhor “Elay” Tablizo dela Cruz guilty of violation of Section 32 of Republic Act 10591, or the Comprehensive Firearms and Ammunition Regulations Act, for trying to sell a loaded Cal. 38 revolver to an undercover policeman last May 22, 2022.
For this, he was sentenced to imprisonment ranging from 12 years and one day to a maximum of 14 years and one day.
For the 8.553 grams of shabu a searcher subsequently found in six sachets on his body, the Court ordered him to spend 20 to 21 years more in jail and to pay a fine of P400,000.00.
As the seizure of the gun occurred during the 2022 election period, dela Cruz was also found guilty of violation of the gun ban imposed under the Omnibus Election Code, for which he was meted one to two years imprisonment.
He was also disqualified to hold public office and deprived of his right to vote.
According to information filed before the Court, the Catanduanes PNP Provincial Intelligence Unit received a tip from its confidential informant that dela Cruz was looking for a buyer of a Cal. 38 revolver for P3,000.00.
With the Virac police confirming that he was not licensed to possess a firearm, a buy-bust operation was mounted against him.
At the relocation site in San Isidro Village, the undercover lawman was met by the informant and then told to wait on the road as the latter went to the target’s residence.
The informant returned and said that dela Cruz had agreed to the transaction but wanted it done at a forested area of the barangay.
Members of the operating team hurriedly left and prepositioned themselves in the area.
The gang member was already there when the poseur-buyer and the informant arrived.
With the informant leaving purportedly to urinate, the lawman asked if he could see the gun if it still worked and dela Cruz obliged by handing the cop a black belt bag containing the gun.
The poseur-buyer tried to ask for a discount but the man refused, saying he needed the money.
So the lawman paid for the gun with the buy-bust money and then tucked the gun in his short pants.
As he did this, dela Cruz allegedly pulled out a matchbox and showed to the police officer the heat-sealed plastic sachets it contained.
“Ga porba ka man kaini boss? Barato sana,” the man said but the undercover cop declined the officer.
As dela Cruz put back the matchbox in his waist, the officer identified himself, shouted the pre-arranged word and then arrested the suspect.
In his defense, the accused claimed that he was framed up and the gun was planted on him by two men who had arrived as he was talking with the officer who wanted to buy a gun.
In describing the accused’s alibi as just an afterthought, RTC Branch 43 Acting Presiding Judge Genie G. Gapas-Agbada noted that while he had an opportunity to report the alleged irregularities, he chose to raise it only for the first time when he filed his counter-affidavit 10 days after the incident.
Dela Cruz had been charged for robbery but upon plea bargaining agreement, he was convicted for the crime of theft, for which he was sentenced to a maximum of three years, six months and 21 days of imprisonment.