Ovilla lawyer goes to Court of Appeals

Saying his client has been denied his constitutional rights to due process, a lawyer for dismissed Anonas police chief Superintendent Francisco Ovilla has brought his client's case to the Court of Appeals (CA).

In a 22-page petition, lawyer Alan Paguia asked the appellate court to order the Philippine National Police and the Quezon City court to release Ovilla from detention by granting him the privilege of the writ of habeas corpus.

Named as respondents were Branch 95 Judge Diosdado Peralta, who is trying Ovilla and 11 of his men for graft and qualified bribery; Ombudsman Aniano Desierto; Ombudsman prosecutor Dennis Garcia; Quezon City prosecutors Claro Arellano and Conrado Jamolin; and jail warden Superintendent Emilio Culang Jr.

The former chief of the Anonas police station and his men are on trial for allegedly freeing two suspected drug lords in exchange for a P650,000 bribe. The alleged drug dealers, Jimmy Tan and Randy Koo, were arrested by Ovilla's men during an operation last Aug. 22 at the SM North parking lot. They allegedly yielded some 1.5 kilos of shabu.

Under the law, the case against the dismissed officers is a non-bailable offense but the court may grant them bail if it is shown that there is no strong evidence to prove their guilt. Peralta however, denied them bail, saying prosecutors have a strong case against them.

The judge allowed bail only in the case of one of the accused, Senior Police Officer 1 Eusebio Zambrano, on the testimony of the prosecution witnesses that he was not a member of the team that conducted the controversial operation.

The others who were denied bail were Superintendent Loreto dela Cruz; Senior Inspector Edwin Misador; Senior Police Officer 4 Florendo Lucila; Senior Police Officer 3 Benjamin Fonacier; Senior Police Officer 2 Teodorico Lado; Senior Police Officer 1 Ronnie Rodaje; Orencio Jurado; Police Officers 3 Orlin Comi and Manuel Malong and Police Officer 2 Ladislao Rebancos. Like Ovilla, they are detained at city jail.

Zambrano was released from jail after posting a P100,000 bail. The judge's ruling came after the Ombudsman recommended the dismissal from the police service of the accused after finding "strong evidence" that they had conspired to illegally release the two suspected drug lords.