Witness in shabu laboratory case recants

SAN FERNANDO, La Union , Philippines  – A vital witness in the raid on a shabu laboratory in Barangay Bimmotobot, Naguilian town last year has retracted his earlier statement and signed a motion to quash the information against him and the other accused.

Dante Palaganas, the arrested caretaker of the shabu lab who implicated former Dagupan police chief Superintendent Dionicio Borromeo and several policemen as alleged protectors of the illegal facility, signed the motion prepared by two private lawyers last Wednesday at the regional trial court in Bauang town.

Palaganas’ sudden turnaround caused outrage and suspicion among the local Catholic clergy led by Bishop Artemio Rillera as well as Task Force Bimmotbot headed by Chief Superintendent Ramon Gatan, Ilocos regional police director.

“This is very bad because the witness signed a statement (of retraction) and he acknowledged that in the court hearing. He signed a motion to quash all the information he stated earlier. Parang bumaliktad na talaga (He really seemed to have turned around),” Rillera said.

“The first two hearings (on the case) are good but the third one was very bad because he already turned back. I am really sad about that,” he added.

Rillera earlier had requested President Arroyo to order a reinvestigation of the case after a three-man prosecution panel dismissed the charges against the accused.

Gatan told The STAR that Palaganas questioned in his motion the legality of his arrest, which he did not do so during the past hearings or while he was under the custody of the task force.

“We were surprised with his (Palaganas’) move. We will study what we are we going to do,” Gatan said before presiding over an emergency meeting of the task force late Thursday.

Lawyer Marvin Tavares, legal officer of the Philippine Drug Enforcement Agency, said Palaganas, based on his motion, is arguing that his arrest was invalid.

“He is questioning the legality of his arrest because if there is no valid arrest, definitely there is no charge against him. His move is to quash the information charging him for his involvement in the shabu lab,” Tavares said.

Although Palaganas has become a witness against the other accused, Tavares said he is still a suspect because he has not yet been placed under the government’s witness protection program.

“He is still a suspect. He is actually the vital witness for the prosecution and without his testimony there will be a big problem in the case and it will be hard to get a conviction against the accused,” he said.

Tavares said the two private lawyers, who now serve as the new legal counsels of Palaganas, surfaced after Atty. Manolito Hidalgo, Palaganas’ first counsel, withdrew his appearance in the hearing.

Last Feb. 17, La Union prosecutor Danilo Bumacod found probable cause to indict Borromeo as alleged protector of the shabu lab along with several unnamed Chinese and Filipino cohorts.

He also indicted Joselito Artuz, the shabu lab’s financier.

Bumacod filed an amended information against Borromeo and Artuz and sought the issuance of arrest warrants for them.

In his 34-page resolution, Bumacod said Borromeo and Artuz had constantly communicated with Palaganas from the time they started searching for a parcel of land for the shabu lab, its establishment, operation and delivery of finished products to the raid on July 9 last year.

He said Palaganas and one Andy Tangalin acted as caretakers of the shabu lab, Artuz as the financier, Borromeo as protector, and John Does, some of them foreigners, manufactured, produced, and processed the shabu in Barangay Bimmotobot by making it appear that they were engaged in the piggery business.