CEBU, Philippines - The Deputy Ombudsman for the Military and Other Law Enforcement Offices dismissed the criminal and administrative complaints filed by a 72-year-old alleged noted drug pusher against two policemen of the Cebu City Police Office (CCPO).
The anti-graft office dismissed the case in favor of Chief Insp. George Ylanan, chief of the CCPO Investigation and Detective Management Branch and PO2 Jerybell Lerio.
In July 2007, Emerita Bontuyan, who is currently detained for another illegal drug case, filed against the two policemen a case for violation of Section 29 or planting of evidence of the Republic Act 9165 and an administrative complaint for grave misconduct.
Noraida Ralalage, Graft Investigation and Prosecution Officer 1, in her three-page decision, said misconduct is grave if it involves any of the additional elements of corruption, willful intent to violate the law or to disregard established rules, which must be established by substantial evidence.
“In the case at bar, it is evident that the complainant failed to corroborate by substantial evidence the existence of intent to violate the law be herein respondents. Furthermore, there is no showing of irregularity in the performance of their duties when the search warrant was implemented,” Ralalage said.
Bontuyan, in her affidavit, said that late in July 10, 2007, the police entered their house to implement the warrant against her and her daughter Alma Ledamo. She said Ylanan instructed her to open a padlocked cabinet inside her room.
“As soon as the cabinet was open, complainant was requested by respondents to sit in the sala outside her room. Respondent Ylanan called for the presence of the two barangay tanods to get inside the room,” she further said.
She said Lerio left the room afterwards and brought with her a small paper bag filled with tissue paper and declared that the bag contained several packs of shabu, which she vehemently denied as hers.
Ylanan said the suspect, who was then 69 years old, is a noted drug pusher in Barangay Pit-os. In fact, he said, it was then Barangay Captain Noel Tariman who asked for their assistance to arrest her.
The suspect, who posted bail for a second illegal drugs case, was again arrested last Saturday in a buy-bust operation by the City Anti-Illegal Drugs-Special Operations Task Group.
Seized from her were eight ampules of Nubain and 11 syringes. Her daughter, Lena Codilla, 46, was also arrested.
Ylanan said the case is non-bailable. The suspect, he added, denied this new accusation against her. –(FREEMAN)