Lawyer hits policy of fiscalson drugs

With his guns ablaze, lawyer Alex Tolentino, who just last Friday caused a stir at the Prosecutor’s Office, has accused the fiscals of railroading proceedings of drug cases.

Tolentino, the immediate past president of the Integrated Bar of the Philippines (IBP)-Cebu City Chapter, is calling on the Department of Justice to investigate the alleged “implied policy” at the city prosecutor’s office to elevate all drug cases to the Regional Trial Court regardless of the evidence.

Tolentino said, several prosecutors allegedly told him that because somebody is observing and monitoring how they resolve drug cases an “implied policy” was adopted to elevate all drug cases to the courts even if the respondents were just victims of “frame up.”

“Dunay implied policy basta drugs, no matter what, i-file gyud sa courts,” Tolentino told The Freeman.

Tolentino said this is what happened to the cases of his clients, Emerita Bontuyan and Alma Ledamo.

Tolentino said that the system should be stopped as he is not the only lawyer to complain about it.

“I am very disappointed sa fiscal’s office. Dili lang ako ang disappointed but also the other lawyers,” Tolentino said.

He mentioned the name of lawyer George Bragat who also was in a similar situation. Bragat, however, could not be reached for comment.

Tolentino said he will call the DOJ to look into the alleged injustice and vowed to bring the matter before the IBP as soon as the members of the board meet next month.

He is a member of the IBP board of directors being the immediate past president.

Tolentino caused a stir at the prosecutor’s office last Friday afternoon after he forcibly took the case folder of his clients from the staff. Tolentino was also accused of bad-mouthing a policewoman and allegedly saying that she and her immediate superior planted evidence.

Tolentino admitted to forcibly taking the case folder to protect the interest of his clients, who are charged with violations of the Comprehensive Dangerous Drugs Law and the City Ordinance regulating the use of Nubain.

Tolentino claimed that the police and the prosecutor, Raul Cristoria, were colluding to indict his clients.

He said that Cristoria and police officer Jerrybel Lerio tried to blind-side him of the real status of the case of his clients.

Tolentino said he asked for a copy of the resolution from Cristoria, but the latter allegedly told him that it is still being typed by his staff. However, he was surprised to learn that the information was already made and was about to be transmitted to the criminal division of the Regional Trial Courts indicting his clients of the drug charges.

To ensure that the interests of his clients are protected, which every lawyer would do, he wanted to see the resolution but was denied access to it.

Tolentino grabbed the case folder and took it with him to the office of Cebu City Prosecutor Nicolas Sellon.

Prior to that, Tolentino admitted he uttered words that may have hurt the police officer, including the threat of pressing charges for allegedly planting evidence against his clients.

But, Tolentino said there was nothing wrong with him uttering words that may have hurt the police officer claiming that this is normal in every hearing.

The policewoman whom Tolentino accused of planting evidence is contemplating on filing charges for grave threats, grave oral defamation and obstruction of justice against the lawyer.

The policewoman described Tolentino’s action as a dilatory tactic to prevent the filing of the case in court against his clients.

In fact, because of Tolentino’s action, the filing of the case was finished only last Saturday.—(/NLQ)