In Department Order No. 026 dated 14 January 2014 and issued yesterday, Jan. 16, Justice Secretary Leila M. de Jima ordered the transfer of the criminal cases involving JERRY SY, to wit:
a. NPS Docket No. XV-13-1NQ-13-L-02116 for Attempted Murder;
b. NPS Docket No. XV-13-INQ-13-L-02117 for Attempted Murder; and
c. NPS Docket No. XV-13-INQ-13-L-02118 for Illegal Possession of Firearms, Ammunitions and Explosives,
from the Office of the City Prosecutor (OCP)-Pasay City to the main office of the National Prosecution Service (NPS), DOJ and accordingly assigned Assistant State Prosecutor (ASP) NIVEN R. CANLAPAN to handle the preliminary investigation and/or resolve all pending matters in aforesaid cases.
At the same time, the OCP-Pasay City was directed to "transmit the complete records" of the subject cases "[w]ithin twenty four (24) hours from receipt of (the) Department Order."
It will be recalled that JERRY SY, a 42-year old Chinese national, was arrested by elements of Police Community Precinct 8 (PCP-8) on 26 December 2013, at around 1:15 a.m. at the VIP Basement Parking Area, Resorts World Manila, Villamor, Pasay City, after getting involved in an incident with a certain JOSEPH ANG, a casino agent and later joined by SPO4 ARTURO GATMAITAN, a retired PNP officer, wherein after being restrained by GATMA1TAN from attacking ANG, and freeing himself from GATMAITAN's control, JERRY SY ran towards his parked car, a white Honda Accord. And, in his haste to get to his car, two (2) pieces of 9 mm magazine assemblies fell from his possession. He was pursued by the police officers and eventually arrested. Upon being arrested, police officers discovered in his car assorted firearms, ammunition and explosives, as well as a plastic sachet suspected to be shabu.
JERRY SY was accordingly subjected to inquest proceedings before the OCP-Pasay City for two (2) counts of Attempted Murder, Illegal Possession of Dangerous Drugs and Paraphernalia, Illegal Possession of Firearms and Ammunition and Illegal Possession of Explosives.
However, the inquest cases against JERRY SY for Attempted Murder and Illegal Possession for Firearms were subjected to regular preliminary investigation purportedly due to the affidavits of desistance submitted by the private complainants. On the other hand, the charges for violation of R.A. 9165 or the Dangerous Drugs Act, specifically, Illegal Possession of Dangerous Drugs and Paraphernalia, have been filed before the appropriate court.
Also, OCP-Pasay City ruled that the respondent JERRY SY's arrest was not legal and consequently ordered the release of JERRY SY who was turned over to the Bureau of Immigration for initiation of deportation proceedings.
The police authorities protested the action of the OCP-Pasay City in subjecting the case for Illegal Possession of Firearms and Explosives to regular preliminary investigation, instead of accepting them as ripe for inquest and immediate filing before the appropriate court, and ordering JERRY SY's release. The police authorities pointed to the magnitude and/or number of illegal firearms and explosives recovered from respondent JERRY SY.
Meanwhile, after due proceedings, the Board of Commissioners of BI signed the Deportation Order vs. JERRY SY who declared himself as a Chinese with a lost passport but now overstaying for several years. Deportation, however, cannot as yet be implemented in view of the pendency of the criminal cases against JERRY SY.