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Thursday, February 24, 2005
CA brings relief: Bodega owners Ong, Ng get 60-day break
By Rose O. Verzosa
Sun.Star Staff Reporter
The Court of Appeals (CA) yesterday directed the Mandaue City Regional Trial Court (RTC) not to proceed with the arraignment of businessmen Richard Ong and Andy Ng.
The temporary restraining order (TRO), good for 60 days, also suspended proceedings of the case against Ong and Ng, who have denied involvement in the shabu lab found operating in their warehouse last year.
Ong’s lawyers want the TRO lifted immediately. At the time they asked for a TRO, the petition was meant to prevent the issuance of the warrant for Ong’s arrest.
Ong, however, surrendered last Jan. 27, shortly after the warrant was issued, and has also applied for bail.
His petition for bail was supposed to be heard yesterday but RTC Branch 28 Judge Marilyn Lagura Yap called off the hearing, in compliance with the CA’s order.
Judge Yap said the TRO only affects Ong and Ng, so the arraignment of the 11 men who were arrested during the raid on the shabu laboratory will push through today.
Changed
The laboratory, raided last Sept. 24, was set up in a warehouse owned by the two businessmen in Mandaue City.
Ong’s lawyers, led by Bernardito Florido, will file on Monday an urgent motion to lift the TRO, claiming that the “factual and legal circumstances and conditions have drastically changed.”
Last month, lawyer Romulo Senining, representing both Ong and Ng, filed before the CA a petition for certiorari with a prayer for the issuance of a TRO and preliminary injunction.
Citing lack of probable cause, Senining questioned Yap’s inclusion of Ng and Ong in the illegal drug manufacturing case and her issuance of an arrest warrant against the businessmen.
But Senining later withdrew as counsel for Ong, and Florido took over the defense of the businessmen.
The CA Special 19th Division ruled that to push through with Ong and Ng’s arraignment while
their petition remains pending will cause them “great and irreparable injury,” if the appellate court rules they were unjustly deprived of their right to a preliminary investigation.
Protection
It said a plea to a charge is deemed a waiver of the right to a preliminary investigation, or the right to question any irregularity that surrounds it.
Although criminal prosecution should not be restrained, the CA said there are exceptions to this, such as when there is need to afford adequate protection to the rights of the accused.
The TRO is effective for 60 days unless lifted sooner by the CA.
The resolution was signed by CA Associate Justices Sesinando Villon, Vicente Yap and Ramon Bato.
Florido and Senining told Judge Yap yesterday that they are waiving whatever rights their respective clients have under the TRO and asked her to proceed with the bail hearing.
But Judge Yap refused to do so, saying she is bound to obey the order of the appellate court.
Senining said he will immediately file a petition with the CA asking for clarification on its order.
Excluded
“The issue of his temporary liberty will be more speedily determined if the TRO is lifted and the proceedings before the court a quo is allowed to proceed, especially the hearing on petitioner’s application for bail,” said Ong’s lawyers in their motion.
The motion was supposed to be filed with the CA late yesterday afternoon after the bail hearing was cancelled past 3 p.m., but the appellate court was already closed.
Meanwhile, the Department of Justice (DOJ) panel of prosecutors has ruled on the motion for reconsideration filed by Andy, Athena and Azucena Ng and Richard and Adrienne Ong.
In its resolution issued last Monday, the prosecution panel affirmed its decision charging Ong and Ng with manufacture of illegal drugs.
However, the panel decided to exclude Azucena, Athena and Adrienne from the criminal charge for lack of evidence.
Although they are incorporators of Caps R Us, which owns the warehouse that was used as shabu laboratory in Barangay Umapad, Mandaue City, the evidence showed that only Andy Ng and Richard Ong actually transacted with Joseph Yu, one of those arrested in the raid.
(February 24, 2005 issue)
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