MANILA, Philippines – Police officers who filed 3 criminal charges against Ryan Joseph Jaworski, son of basketball legend and former senator Robert Jaworski Sr, said on Monday, September 28, that the accused’s motion to dismiss charges against him is “improper” and “prohibited” by the law.

Jaworksi is facing charges of attempted murder, direct assault upon an agent of person in authority, and illegal possession of firearms.

He, together with two of alleged accomplices Joselito Au and Ferdinand Parago, figured in an alleged firearm buy-bust operation-turned-shootout with members of the Regional Police Intelligence Operations Unit (RPIOU) of the National Capital Region Police Office past 1 am on September 19.

Jaworski, through his lead counsel Richard Nethercott, then filed a motion to dismiss all 3 of his criminal charges and also counter-sued the police 4 days later.

However, RPIOU members involved in the incident led by Police Inspector Joy Opalec, said in their opposition that under the Rules of Court, Jaworski was only allowed to file a counter-affidavit, not a motion to dismiss.

Section 3, Rule 112 of the Rules of Court says: “Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.”

According to the police complainants, Senior Assistant City Prosecutor Gaudencio Tolledo Jr from Makati cannot drop Jaworski’s charges based on his motion to dismiss “as the motion itself is a prohibited pleading and deserves scant consideration.”

No license to own gun

The RPIOU had placed Jaworski’s group under surveillance for allegedly being involved in gunrunning activities or the illegal trafficking of contraband weapons.

The RPIOU then had an undercover police pretend to buy a Benelli M4 Super 90 from Jaworski.

However, police said Jaworski’s group “sensed something wrong” as they neared Chino Roces Avenue corner Pasay Road in Makati, the place where they agreed to meet, and then decided to leave the area.

According to police reports, this was the time when bullets were fired from Jaworski’s vehicle at the RPIOU members before the accused supposedly made their getaway.

In his motion to dismiss, Jaworski said that the firearm buy-bust operation was “flawed, without basis, and therefore illegal.”

His arguments include the following: that the firearm involved was licensed and therefore not illegal to sell, there was no consummated sale, and that Jaworski did not fire upon the police complainants.

He argued that the firearm in question, a Benelli M4 super 90, is a type of shotgun which may be licensed and owned by a civilian.

The RPIOU’s opposition, however, said that Jaworksi’s motion failed to mention that he was not licensed to own the said shotgun.

“Be that as it may, the fact remains that he doesn’t own it, and his act of selling it, possessing it, carrying it outside of his residence is a clear violation of RA 10591,” said the opposition document.

Consummated sale?

The police complainants also argued that the firearm buy-bust operation was a “valid” entrapment and that the sale was consummated.

According to RPIOU, the entrapment was valid because it was Jaworski himself who “initiated the offer to sell the Benelli M4 which in the first place he is not allowed to possess, sell and bring with him to the place of the incident” through a text message exchange with the undercover police officer.

“The complainants went to the extent of securing the Pre-Operation Clearance (PNP) Coordination Form, as well as the Request for Fluorescence Powder Dusting thus bolstering the contention that it was a valid and legitimate police operation,” they added.

The police complainants added the sale was already perfected by virtue of Ace Foods, Inc vs Micro Pacific Technologies Co, Ltd, which says: “Corollary thereto, a contract of sale is classified as a consensual contract, which means that the sale is perfected by mere consent.”

Paraffin test results ‘not conclusive’

Jaworski also maintained that there was no hot pursuit and that he did not fire upon members of the RPIOU.

According to the police complainants, “when the respondent drove his vehicle in reverse with the sinister purpose of ramming and killing the law enforcers on board the vehicle behind him, he committed yet other crimes such as attempted murder and direct assault.”

Jaworski was in fact arrested not along Chino Roces Avenue but in the Makati Medical Center, where he sought treatment for a gunshot wound.

The case against his alleged accomplice Au, the driver of their vehicle, was already elevated in court after the prosecutor found probable cause to recommend that Au be charged with 4 counts of attempted murder and two counts of physical injuries after ramming their Nissan Sentra against a Nissan Urvan that was carrying two of the police complainants during the operation.

The 3rd accomplice, Parago, remains at large.

The RPIOU also argued that the negative results of Jaworski’s paraffin test is “not conclusive” because “time and time again, the Court has ruled on the unreliability of paraffin tests.”

Senior Assistant City Prosecutor Tolledo then approved the appeal of Jaworski’s counsel Nethercott to submit a reply to the police complainants’ opposition by Thursday, October 1, at 2 pm. – Rappler.com