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DOJ dismisses ‘tanim-bala’ case vs OFW

A resolution signed by Pasay City Prosecutor Nolasco M. Fernandez jr., dismissed the charges filed against Ortinez for lack of probable cause. tanim-bala

The resolution also said that there was no indication, based on the statements of the complainants, that Ortinez had any intention to possess the ammunition.

“While the case is known as malum prohibitum, intent to possess must be proven clearly and convincingly.” Likewise, it believes Ortinez had no intent to use the bullet for malevolent purposes.

“The respondent is an OFW. There is no logical reason why she would possess the ammunition,” it said.

“Finally, it is noteworthy that the bullet is a harmless article without the corresponding gun or firearm to
fire it,” it added.

Ortinez, an OFW bound for Hong Kong, was arrested after a bullet was allegedly found inside her hand-carry bag on October 25.

She was released after the prosecutor said the bullet submitted as evidence was different from the one on the photograph sworn to by the police investigators and personnel of the Office for Transportation Security (OTS).

Ortinez was also invited by the Senate to attend the first hearing on the alleged extortion scheme on Thursday morning.

Ople earlier urged the DOJ to drop the charges against Ortinez, who is in danger of losing her job in Hong Kong. (abs-cbn)

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