Wednesday, November 29, 2006 Probe bureau retains custody of shabu market owner
THE alleged operator of the Pasig City shabu market may keep on enjoying some semblance of comfort after the Department of Justice (DOJ) allowed for his continued stay at the National Bureau of Investigation (NBI) instead of being turned over to the PNP.
In a memorandum order, Justice Secretary Raul Gonzalez Sr. granted the request of a wife of Amin Imam Boratong to allow him to stay at the NBI detention center, claiming that his life may be put in grave danger if he would be transferred to the National Capital Region Police Office (NCRPO) headquarters in Camp Bagong Diwa in Taguig.
The order was addressed to NBI Director Nestor Mantaring.
Gonzalez said there is merit to the concerns raised by Boratong's second wife that some individuals may have reasons to permanently silence the suspected drug dealer and that he is more assured of safety while detained at the NBI.
He further said since there is no court order specifying a place where he should be detained, there is no legal impediment to grant the request.
Buratong, a native of Marawi City, was arrested along with his wife Sheryl Molera last November 22 in Makati City by agents of the NBI, who claimed that the suspect's illegal drug business had grown to a P900 million-industry since he started in 1997.
Last October 9, charges of graft and obstruction of justice were slapped against Pasig City Mayor Vicente Eusebio, Vice Mayor Rosario Martires, City Engineer Jose Reyes and 13 members of the City Council before the Ombudsman in connection with the demolition of the so-called "shabu flea market" last February.
The NBI found probable cause in the filing of criminal charges against the public officials for violations of Section 3, paragraph (e) of Republic Act (RA) 3019 (Anti-Graft Law) and Section 1, paragraph (b) of Presidential Decree (PD) 1829 (obstruction of apprehension of criminal offenders).
The NBI recommended that the report be incorporated to the case earlier filed by Pasig City Representative Robert Jaworski Jr. before the Ombudsman.
The NBI however cleared the respondents from possible culpability under RA 9165 or the Comprehensive Dangerous Drugs Act since it was clear that they were neither maintainers, coddlers, protectors nor financiers of the den.
Abila said Eusebio is liable for issuing Memorandum 30 ordering the destruction of the "shabu market" located at Mapayapa Compound along F. Soriano St., Barangay Sto. Tomas, Pasig City, three days after police operatives swooped down the drug den.
In its report, the NBI declared that the shanties and cubicles inside the compound used as dens for drug trafficking are clearly part of the evidence against those earlier charged in court. It said the shanties are could have been used as evidence in court that could unmask its operators.
During the raid, several persons were caught in possession of shabu and drug paraphernalia. However, Boratong was able to elude arrest.
Aside from Eusebio, Martires and Reyes, charges would also be filed against Pasig City Councilors identified as Jose Tatco Jr., Gregorio Rupisan Jr., Renato Lipana, Alejandro Santiago, Regino Balderama, Gregorio Rupisan Sr., Robert Eusebio, Reynaldo Raymundo, Aquilino de la Cruz, Macario Cruz, Virgilio del Rosario, Roberto Benito and Fortunato Co Jr. (ECV/Sunnex)
