Drug case filed vs. Kamagayan tanod chief

CEBU, Philippines – No bail was recommended for the chief tanod of Barangay Kamagayan, Cebu City, who is facing a criminal case for violation of the Dangerous Drugs Act.

The case was filed Wednesday against Hermogenes Borres, who was arrested in a buy bust operation conducted by the Philippine Drug Enforcement Agency (Pdea) 7 at dawn of July 18.

Cebu City Prosecutor Nicolas Sellon approved the filing of the case against Borres.

Meanwhile, Judge Meinrado Paredes last Thursday granted the request of Borres to be detained at the Criminal Investigation and Detection Group (CIDG) instead of the Bagong Buhay Rehabilitation Center (BBRC).

Prosecutor Ernesto Narido Jr., who recommended the filing of the case against Borres, did not object to Borres' request.

"The office is aware of the numerous cases that respondent brought and filed for inquest investigation… Hence if he is put behind bars, it is possible many will take revenge against him there," stated Narido.

The judge agreed that Borres must be secured first before he will be transferred to the BBRC, since Borres had helped in the arrest of some of the inmates at the city jail.

However, Paredes said Borres should be transferred to the BBRC after one week at the CIDG.

The Pdea claimed that they received a tip about Borres' illegal drug activities last June yet. They were able to confirm the information by conducting a "test buy."

The entrapment operation was conducted at 3 a.m. of July 18. Borres was riding a motorcycle, which the poseur buyer flagged down. The "buyer" gave P300 to Borres, who left and returned later with a sachet of shabu.

Borres then sped towards the barangay hall, where the agents arrested him.

Borres denied Pdea's accusation, claiming a "frame-up" was done against him.

In his counter-affidavit, Borres cited that he has not been charged or convicted of any crime and has even received awards from Cebu City, police agencies and civic clubs.

He also pointed out that he has even been working closely with the Theft and Robbery Section and the Homicide Section, among other police units, in substance declaring that he has been erroneously accused of a crime.

He was even responsible for the arrest of known drug pushers in their area, Borres stressed, and the night he was arrested he was on duty and even conducted some arrests.

He sacrificed most of his life in government service and should not be treated like a criminal, according to Borres, who also got affidavits from his colleagues and barangay officials attesting to his good deeds.

But for the prosecutor's office, the evidence against Borres was "overwhelming" and thus "established the charge."

Borres' defense was not able to refute the accusation with convincing evidence, stated the resolution sustaining the charges against him.

"Significantly, respondent only offered a defense of denial and alibi…Alibi is weightless against positive identification," read the resolution penned by Prosecutor 1 Ernesto Narido Jr. and approved by Sellon.

"Likewise, respondent suggest that the agents made up the charge against him. This, however, cannot be given credence for lack of clear and concrete evidence. Law enforcers, absent of any proof to the contrary are presumed to have regularly performed their duty," the prosecutors added. (THE FREEMAN)