Charges of drug trafficking, illegal possession of firearms and direct assault against persons in authority were filed with the Caloocan City Regional Trial Court yesterday against a son of Rep. Luis "Baby" Asistio (LAMP, Caloocan City) and two of his alleged accomplices.
The Department of Justice (DOJ) filed the charges against Luis Asistio III, Ricardo Garcia and Ronel Rivera after government agents allegedly seized from the suspects 206 grams of shabu and an unlicensed caliber .45 automatic.
The congressman's son allegedly drew his gun and fired at officers during a drug bust before dawn Wednesday in front of his apartment on Labahita street in Dagat-Dagatan, Caloocan City. The alleged shootout resulted in the wounding of Asistio and his live-in partner Rosario Ortega.
State Prosecutor Anthony Fadullon, who conducted the inquest proceedings, said charges against Ortega were dropped due to insufficient evidence.
"Her presence alone at the scene of the buy-bust operation is not sufficient to warrant the conclusion that she had conspired and connived with the respondents," Fadullon stated in a four-page resolution.
Rivera, on the other hand, has been slapped with an additional charge after Criminal Investigation and Detection Group (CIDG) agents confiscated a roll of dried marijuana leaves from the suspect.
Possession of at least 200 grams of shabu, which is a non-bailable offense, carries a maximum penalty of death once a suspect is convicted.
Last Wednesday, detectives led by Chief Inspector Rhodel Sermonia of the Bulacan CIDG posed as buyers and negotiated a drug deal with the suspects. Asistio allegedly turned over the shabu to police Officer Conrado Cortez in exchange for P120,000.
However, Asistio immediately drew his pistol and opened fire after recognizing Cortez's driver-companion as a police officer. The young Asistio was reportedly hit in the chest during the shootout with CIDG operatives.
The National Bureau of Investigation (NBI) has already been ordered by the DOJ to conduct a thorough probe of the incident.
The suspect's father, a close friend and political supporter of President Estrada, denounced the shooting, and said investigations by Congress and the Commission on Human Rights were expected to follow. Asistio pointed out, however, that he would not seek the help of the President.
Caloocan City Mayor Reynaldo Malonzo scored Congressman Asistio yesterday for insinuating that he had something to do with the shooting incident.
Asistio earlier said he was not ruling out the possibility that Wednesday's buy-bust operation could be part of a "demolition job" against him by political rivals.
"He should not involve me in his mess," Malonzo said when asked to comment on Asistio's statements.
The congressman had also pointed out that Sermonia, the team leader of the buy-bust operation, was a former city hall detachment and anti-vice unit chief under Malonzo.
The lawmaker claimed the Bulacan CIDG chief had an ax to grind against him as he had been instrumental in relieving the police official from his previous post as head of the Caloocan station intelligence and investigation division two years ago.
Sermonia, however, has denied harboring any personal grudges against Asistio, saying Wednesday's operation was legitimate and that everything was done according to rules.
"I'm even thankful to him because the transfer was a blessing in disguise that freed me from the dirty politics in Caloocan," Sermonia said.
He welcomed a possible congressional inquiry into the arrest and shooting of the younger Asistio.
"We are not afraid of an inquiry because we are also for the truth," Sermonia said.
Malonzo, for his part, took the cudgels for the embattled CIDG agents when he said policemen should be commended, and not harassed, for daring to entrap powerful and influential suspects.
"These policeman are just doing their jobs," the mayor said.
In a related development, the NBI Anti-Organized Crime Division (AOCD) said it would come up with the initial reports on its probe within 72 hours.
"We still have a lot of witnesses to interview but we expect to have a bird's eye view of the incident by Monday," said AOCD head Samuel Fiji.
He said their objective was to determine whether the buy-bust operation was legal or not, and to find out the circumstances that led to the shooting.
Meanwhile, the Asistios said they were pinning their hopes on the NBI to come up with an exhaustive probe and a truthful report.
Lawyer Dan Lim, counsel for the family, said they were still waiting for the situation to settle before filing charges against the lawmen who shot the young Asistio. -- With Rainier Allan Ronda, Pete Laude, Jose Aravilla