LAWYER Alex Tolentino was in court early yesterday morning to attend an arraignment. It was his own.
Accompanied by five defense lawyers—Ian Sapayan, Carlos Cavada, Arlan Alvarez, Jonas Asis and Kit Enriquez—the former Integrated Bar of the Philippines (IBP) Cebu City Chapter president pleaded not guilty to the charge of grave oral defamation.
Municipal Trial Court in Cities (MTCC) Judge Monalila Tecson, who called Tolentino’s arraignment as the first item of business, entered the plea into the records and scheduled a pre-trial conference on May 7.
It was a brief proceeding, court officials said.
Tolentino was asked to stand while the charge lodged by the Office of the Cebu City Prosecutor upon the complaint of Criminal Intelligence and Investigation Bureau (CIIB) policewoman Jerybel Lerio was read.
Based on the charge, Tolentino allegedly berated Lerio in front of Assistant City Prosecutor Raul Cristoria and inside the latter’s office during the preliminary investigation on an anti-drug case lodged against Tolentino’s clients, Ermita Bontuyan and Alma Ledamo.
Evidence
Tolentino allegedly scolded Lerio in “a very loud voice” so that people gathered to see what was going on.
“Ikaw Lerio dugay naman ka nga mamlantiray( You have long been known in the Criminal Intelligence and Investigation Bureau to plant evidence on suspects),” recalled the policewoman in her original complaint.
Tolentino’s innocence or guilt notwithstanding, a recent laboratory report from the National Bureau of Investigation (NBI) has weakened the CIIB’s position in the case that began the controversy.
The report, prepared by NBI forensic chemist Rommel Paglinawan and signed by Atty. Medardo de Lemos, the NBI regional director, discloses that the shabu taken from Bontuyan and Ledamo during their arrest was only 0.2443 grams and not the 7.8041 grams the CIIB accused them of having.
Regional Trial Court (RTC) Judge Fortunato de Gracia, on the basis of the NBI crime lab results, has granted Bontuyan and Ledamo’s motion to post bail.
This isn’t an isolated incident, a source who asked not to be named said.
The source showed Sun.Star Cebu another NBI laboratory report that covered a specimen totaling 51.7576 grams but only 0.4244 grams of it, less than one percent, is shabu.
The drugs were allegedly seized by the CIIB when they raided the house of Niño Tañajura on C. Padilla St. last Nov. 12, 2003.
The exam was conducted by the NBI also upon the request of de Gracia and on motion by defense counsel Jonnah John Ungab.
Under Republic Act 9165, the possession of over 50 grams of shabu is a non-bailable capital offense. (KNR)
