“The former Justice chief said that aside from the impartiality of the judge, the accused in the said cases are politically connected and yield influence in the community, thus the need to transfer the venue to Metro Manila.”
The transfer of illegal drug cases against a former National Bureau of Investigation (NBI) anti-illegal drugs unit head and eight others linked to the mega shabu laboratory in Virac, Catanduanes in 2016 was ordered by the Supreme Court (SC).
The transfer of the cases was requested by the Department of Justice (DoJ).
In a one-page resolution dated June 19 and released only yesterday, the SC En Banc granted the petition of former DoJ Secretary Vitaliano Aguirre to transfer the cases against Augusto Eric Isidro from Virac Regional Trial Court Branch 43 Judge Lelu Contreras to the Makati RTC.
“Direct the branch of clerk of court, Regional Trial Court, Branch 43 Virac, Cantanduanes to forward the records of the aforesaid criminal cases to the Office of Executive Judge RTC, Makati City. Direct the executive judge of Makati City RTC to cause the raffle of the subject criminal cases among the branches of the said court within three days from receipt of the record. Direct the judges to whom the said cases will be raffled to hear and direct the same with dispatch,” read the notice signed by SC clerk of court Edgar Aricheta.
Aguirre, in a four-page letter, stated the prosecution panel has filed a motion seeking to inhibit Contreras from the case due to delays in the issuance of a search warrant for the site where the drug laboratory was located. Contreras was the same judge who issued the search warrant.
On Nov. 25, 2016, the policemen requesting a search warrant were told by the judge that she would only issue a certification if they could prove that the warehouse has no building permit.
The following day, however, the policemen saw at the warehouse the judge, Virac Mayor Samuel Laynes and Isidro’s wife, Angelica Balmadrid-Isidro.
The search warrant was issued by Contreras at night time of Nov. 26, 2016 despite the urgency of the request and the judge was not seen the whole afternoon in her chambers.
Aguirre, in his letter, explained the transfer of venue would obviate the need for elaborate security arrangements for the state prosecutors and the witnesses, as well as insulate the proceedings from influence of threats from any groups affiliated with the accused.
The judge, according to Aguirre, has issued an order dated March 21 directing the Philippine Drug Enforcement Agency (PDEA) office in Bicol region to proceed with the destruction of the shabu, controlled precursors and essential chemicals, along with the instruments and laboratory seized from the warehouse, after a motion to inhibit was filed against her.
Aguirre lamented the destruction of the evidence as premature and highly prejudicial to the prosecution.
The former Justice chief said that aside from the impartiality of the judge, the accused in the said cases are politically connected and yield influence in the community, thus the need to transfer the venue to Metro Manila.
Named respondents in the case are Isidro, Xian Xian Wang, Pido Bonito, Paolo Uy, Jayson Gonzales Uy, Lorenzo Flores Piñera II, Kidot Paolo Wee Palisoc, Phung Yuan Estorco and Sheng Wang.
The mega laboratory was discovered inside a warehouse in Virac on Nov. 26, 2016. It resulted in the confiscation of 22.509 kilograms of shabu and 359.75 kgs. of ephedrine, along with equipment and chemicals used in the manufacture of methamphetamine hydrochloride or shabu.
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