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Sunday, July 29, 2007
Ex-IBP Cebu City prexy ‘steals’ drug case docs
By Jovy S. Taghoy & Katrina N. Tabanao
* PO2 Jerybel Lerio of the Criminal Investigation and Intelligence Bureau says lawyer Alex Tolentino took the documents needed in filing charges against his 2 female clients
* Tolentino questions snatching claim, saying Lerio should have arrested him if indeed the allegations against him were true
CEBU CITY –- A former president of the Integrated Bar of the Philippines (IBP)-Cebu City chapter may face charges of grave oral defamation and obstruction of justice following a confrontation with a policewoman Friday afternoon.
Aside from berating the female officer, lawyer Alex Tolentino allegedly also “surreptitiously took and stole” the case files of two female drug suspects, who were his clients, from PO2 Jerybel “Jing-Jing” Lerio.
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The act resulted in the delayed filing of charges.
In a spot report he signed, Criminal Investigation and Intelligence Bureau (CIIB) Chief George Ylanan said the incident occurred at 3:45 p.m. Friday, when Lerio was inside the Cebu City Prosecutor’s Office.
Lerio that time was processing the filing of cases against Emerita Bontuyan, 60, and daughter Alma Ledamo.
The two were arrested last July 10 after CIIB raided Bontuyan’s house in Sitio Sentro, Barangay Pit-os, Cebu City.
The operation yielded 28 Nubain ampules, used and unused disposable syringes, assorted packs of white crystalline substance believed to be shabu, and P24,580 cash believed to be proceeds from Bontuyan and Ledamo’s illegal drugs trade.
Regional Trial Court (RTC) Branch 19 Judge Ramon Codilla issued the search warrant.
Complaints for violating Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, and Cebu City Ordinance 1427 for Nubain possession, were filed against Bontuyan and Ledamo, who signed a 10-day waiver of detention with the prosecutor’s office.
When the waiver expired last Monday, the suspects asked for a five-day extension.
Last Friday afternoon, however, Bontuyan and Ledamo were brought back to the prosecutor’s office for the filing of the cases.
While inside the cubicle of Prosecutor II Raul Cristoria, Tolentino reportedly objected when it was decided that the complaints will be sent to the courts. He then turned his ire on Lerio.
Tolentino, “with a very loud voice (allegedly scolded” Lerio, causing other people to gather around them.
“Without due respect to himself being an officer of the court, (Tolentino) did, then, and there, with an accusing finger, uttered to the top of his voice in vernacular: “Ikaw Lerio dugay naka nga mamlantiray sa CIIB (You Lerio, had long been known in CIIB to plant evidence on suspects),” read the spot report.
“Ikiha tika, ingna si Ylanan kamong duha ako ikiha (I will sue you! Tell Ylanan, I will sue both of you!), thus causing Lerio embarrassment, dishonor, discredit and contempt,” it added.
In an interview with reporters Saturday, Lerio said: “Diha gyud ko naglagot, sa dihang iya kong gitulisok (I got mad when he started pointing a finger at me).”
Lerio said she left the cubicle to avoid the lawyer and continued with the processing of documents, which needed Cebu City Prosecutor Nicolas Sellon’s signature.
She said while a clerk was segregating the papers, Tolentino, “with deliberate intent to delay, impede and obstruct the processing and the filing of cases of his clients” allegedly took the documents without their knowledge.
One case information was to be filed with the municipal trial court and the other with the RTC.
Lerio and the clerk had to look for the files for several minutes before learning that these were with Tolentino, who went to Sellon’s office.
“Miadto siya sa office ni Fiscal Sellon kay mohangyo siya nga di ipa-file ang kaso kay mo-file day siya og motion. Kanang quantitative test (of shabu) daw, mao daw iyang i-motion (He went to Sellon to request him not to send the case to the courts yet because he will still file a motion asking that a quantitative test be made on the evidence),” Lerio told reporters.
Inside Sellon’s office, Tolentino allegedly continued threatening Lerio by saying: “Bantay-bantay lang ka ug si Ylanan, kay file-lan ta mog kaso (You and Ylanan should watch out for I will really sue both of you).”
In a telephone interview, Tolentino told Sun.Star Cebu that “what happened was normal in a clarificatory hearing.”
He said raising voices are “normal,” especially in a hearing where parties have to defend themselves.
“It was not meant to malign anyone” he said on what he uttered to Lerio.
Tolentino also said he already spoke with Ylanan after the incident and that the police official understood his side.
The former IBP president narrated that during the hearing, Cristoria told him that cases for violation of Sections 11 and 12 of Republic Act 9165 and City Ordinance 1427 will be filed against his clients.
All offenses are non-bailable.
Tolentino said he reacted because he still has to secure and read a copy of the resolution.
He admitted accusing Lerio of planting evidence against his clients, to which the policewoman allegedly answered: “Gisugo rako (I was instructed to).”
“Pag-gawas nako sa hearing, nakit-an nako si Lerio nagdagan-dagan kay may papirmahan. Pagtan-aw nako sa iyang da’a nga papel information naman diay sa kaso. Maong ni-react ko kay wa’a pa gani ko kabasa sa resolution ikiha na ang akong mga kliyente (After the hearing, I saw Lerio going to and fro to have certain documents countersigned. When I look at the papers she had with her, I reacted because it was the case information. They should not have sued my client that time because I have not yet read the prosecutor’s resolution)” Tolentino said.
He said he asked Lerio to give him a chance to see Sellon first so they can talk, but Lerio reportedly refused and instead went to the receiving counter to file the cases.
Tolentino said it was when he took the documents from the counter and brought it with him to Sellon’s office.
“It was not snatching… If that is true, nganong wa’ man ko nila gidakop (how come they did not arrest me)?” he added.
Ylanan complained that “because of the dilatory tactics employed by Atty. Tolentino, the cases against his clients were not docketed in court.”
The cases were filed only Saturday morning.
Lerio she will file her complaints against Tolentino on Monday.
In the service for more than 10 years, Lerio said it was the first time that she was intimidated by a defense lawyer.
Ylanan, in a separate interview, said he will consult Acting Cebu City Police Office Director Patrocinio Comendador on what action to take against Tolentino. (Sun.Star Cebu)For more Philippine news, visit Sun.Star General Santos. (July 29, 2007 issue)
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