Capiceño lawyer clears retired cop in gun trade case

By Felipe V. Celino

ROXAS CITY, Capiz — A veteran and prominent Capiceño lawyer from Barangay Nilateran in Panay, Capiz, was once again hailed for securing the acquittal of a retired police officer charged with illegal gun trading in Manila.

Atty. Nelson B. Borja, based in Quezon City, successfully defended John A. Samiddin, a retired member of the Philippine National Police who was previously assigned to Jolo, Sulu.

“Alhamdulillah, thank you for guiding us through as we won the case during the promulgation today. I truly believe that justice and goodness still prevail! Finally, after a long wait, it’s over. Truth and justice prevailed. I would like to thank Atty. Nelson Borja for handling the case smoothly. Thank you for standing behind me from the beginning of my journey in court. Your unwavering dedication and brilliant legal mind have proven that justice and truth can prevail. And thank you also, Sir Atty. Felipe P. Arcilla Jr. Napakahusay po ang laban. Nakakataba ng puso,” Samiddin said in a recent Facebook post.

Samiddin, who held the rank of Senior Police Officer 3, along with co-accused TSGT Romuald Aguayon and Jovy Ordonio, was charged with violating Section 32, Article V of Republic Act 10591, or the Comprehensive Firearms and Ammunition Regulation Act, in May 2017 before the Regional Trial Court–National Capital Region (RTC–NCR).

According to the prosecution, a buy-bust operation was conducted on May 18, 2017, around 8 a.m., after NCR–CIDG operatives received information from a reliable source that an individual known as “Top” was engaged in gunrunning activities in Quezon City and nearby areas.

“Top,” identified as TSGT Romuald Aguayon, allegedly used a gun shop as a front while seeking potential buyers for two M16 rifles — one “baby armalite” and one long rifle — both classified as high-powered firearms.

Acting on the tip, NCR–CIDG personnel conducted surveillance and proceeded at around 12:30 p.m. to Jollibee along Boni Serrano Avenue in front of Camp Crame, Quezon City, the designated drop-off point of the firearms, where the operation took place.

The three were accused of illegally selling one unit M16 Bushmaster rifle or caliber 5.56, with one long magazine.

They initially entered a guilty plea during the preliminary conference.

However, through counsel Atty. Borja, Samiddin filed a motion to withdraw the plea and proceed with trial, which the court granted on Oct. 6, 2022.

Borja said Aguayon and Ordonio later applied for and were granted probation after receiving penalties of two to four years in prison, while Samiddin’s trial continued.

In a 17-page decision penned by RTC Presiding Judge Edgardo B. Bellosillo of Quezon City Branch 95, dated Feb. 3, 2025, and furnished to the Daily Guardian on Aug. 18, 2025, the court acquitted Samiddin due to the prosecution’s failure to prove his guilt beyond a reasonable doubt.

Accordingly, the PHP100,000 cash bond posted by Samiddin was ordered released.

Reports also said Samiddin ran for and won as punong barangay in Jolo, Sulu, during the last Sangguniang Kabataan and barangay elections.

During the trial, Samiddin testified that he did not know co-accused Ordonio and denied receiving the alleged buy-bust money, saying he was 15 meters away from Aguayon when the latter was arrested.

The court noted that while the defense’s version was weak and based on denial, the prosecution’s evidence must stand on its own merits and not rely on the weakness of the defense.

“Applying the foregoing pronouncement to the case at bar, it appears that the prosecution in this case was also not able to prove the consummation of the sale, considering that the purported arrest of the three individuals took place at the time accused Aguayon was still in possession of the firearms. Thus, there was no delivery of the things sold,” the court said.

Borja had previously been recognized for reversing a graft conviction against Monica F. Tierra of Novaliches, Quezon City, a former division chief at the Philippine Children’s Medical Center.

Tierra was acquitted in a retrial after her earlier conviction by the Quezon City RTC.

Borja has also served as legal counsel to high-profile personalities, including Senators Ramon and Raffy Tulfo.

He began his full-time law practice in 1982 as a notary public with only a table and chair in a restaurant.

After six months, he was able to furnish a small office using secondhand furniture.

To hone his legal expertise, he attended seven seminars on trial technique and procedure at the UP Law Center from 1983 to 1985, which helped him gain prominence in many high-profile cases.

“Avoid corruption and help the poor who need legal services,” said Borja, now 78, a senior trial lawyer known for providing free legal aid to indigent clients.

“As a criminal lawyer, it is also my wish to make a humble contribution to improving our country’s judicial system, especially by serving the poor, the sick, and the elderly, and ensuring they obtain fair trials through the assistance of competent private lawyers, whose services would otherwise command high fees if the government subsidized a pro-poor legal service program,” Borja said.

His son, Neil Anthony S. Borja, is also a lawyer and currently works at the Supreme Court under Justice Ma. Estela Perlas-Bernabe.

Borja advised his son to avoid corruption and continue serving the underprivileged.