Monday, July 13, 2009

PGMA lauds DOJ for conviction of shabu “Tiangge” maintainers

President Gloria Macapagal-Arroyo has lauded the five female prosecutors of the Department of Justice (DOJ) for the conviction of Pasig City Shabu “Tiangge” operator Amin Imam Boratong and his wife Sheryl Molera Boratong.

“Congratulations to the DOJ and the prosecutors, dapat headline ito,” the President said in a cellphone conversation with Justice Secretary Agnes Devanadera following the guilty verdict rendered by the Pasig Regional Trial Court on the Boratong couple.

Devanadera was commending at that time the five prosecutors, namely, Amor Robles, Marlette Balagtas, Anjanette Ortile, Eden Wakay-Valdez, and Elizabeth Berdal for their perseverance and determination in pursuing the case despite the threats on their lives.

Devanadera acknowledged the vital role of the media, the Philippine National Police AIDSOF, the National Bureau of Investigation and the community for their support and continued vigilance against illegal drugs.

Judge Abraham Borreta of the Pasig Regional Trial Court's Branch 154 found the Boratong couple guilty beyond reasonable doubt of jointly running the shabu “tiangge” in the Mapayapa Compound on F. Soriano Street, Pasig City. Each of them was sentenced to suffer the penalty of life imprisonment for violating Section 6 of Republic Act No. 9165 (Dangerous Drugs Act).

The Court also meted another life imprisonment to Sheryl Boratong for violation of Sec. 11 (possession of dangerous drugs). She was ordered to pay a fine of P1 -million while accused Imam Boratong was meted to pay a fine of P10-million. It also set a hearing on Aug. 20 relative to the confiscation/forfeiture of the properties of the couple covered by the Anti-Money Laundering Council.

Meanwhile, Judge Borreta immediately ordered the turn-over of the illegal substance to the Philippine Drugs Enforcement Agency (PDEA) for proper action and disposition and the transfer of the couple to the national penitentiary in Muntinlupa City and to the Correctional Institute for Women.(PND)

Incomplete victory

Editorial Desk
Philippine Daily Inquirer
Publication Date: 11-07-2009



The war is far from won, but the government scored its biggest victory against drug trafficking when the Pasig Regional Trial Court sentenced to life imprisonment Amin Imam Boratong, the most notorious drug lord since Jose “Don Pepe” Oyson was killed in March 1990. On Wednesday, Judge Abraham B. Borreta found Boratong and his wife Sheryl guilty of maintaining the “shabu tiangge” in Pasig City which the police estimated to have netted more than P900 million in profits in just one year.

In what the Philippine National Police described as the largest anti-drug operation ever, 150 policemen and agents from the Anti-Illegal Drugs Special Operations Task Force, the Philippine Drug Enforcement Agency and the Special Action Force raided the 2,000-sq m shantytown on Feb. 10, 2006 and arrested 300 people, including 50 women and children. The raiding team found drug paraphernalia, packs of shabu (methamphetamine hydrochloride) powder and plastic bags filled with peso bills and coins in almost all of the 40 shanties inside the compound. Boratong and his wife were not caught during the raid; they were arrested by NBI operatives nine months later, on Nov. 21, 2006, in Makati. He was using the name Johnny Dizon and had his looks altered to avoid arrest.

In February and May last year, Borreta handed down various prison terms to 82 persons arrested during the raid, including three operators of the drug dens who were given life terms. Boratong and his wife, however, almost got away scot-free, courtesy of then Justice Secretary Raul Gonzalez.

In one of his most bizarre issuances, Gonzalez ordered government prosecutors to “move for the suspension of proceedings” against the Boratongs in the Pasig Regional Trial Court. The order was issued on Nov. 30, 2006, the same day Boratong’s other wife Memie submitted a petition for review of the case. One month later, Gonzalez informed the government’s key witness, Samer Palao, that he had been removed from the Witness Protection Program. Palao, Boratong’s brother-in-law, claimed he was a trusted aide of the drug lord and provided details about the drug syndicate’s operations, including the places where they were selling drugs and where the money was deposited. But Gonzalez said that Palao appeared to be “more guilty” than Boratong and accused the police of coddling him. He dismissed Palao as a “convicted criminal” and “not a credible witness.”

The police opposed Gonzalez’s moves, but limited their protest to issuing statements that were not for attribution. It was the prosecutors - five women: Anjanette Ortile, Amor Robles, Elizabeth Berdal, Eden Wakay-Valdez and Marlet Balagtas - who responded by doing the heroic thing: they simply ignored their boss and defied his order and went on with the job of prosecuting Boratong. And Borreta completed the shaming of Gonzalez by anchoring his verdict on Palao’s testimony, which he described as “straightforward, clear, convincing and credible.”

All of them—the police, the prosecutors and the judge—should take a bow. The nation, which has long suffered the scourge of drugs and the ignominy of being identified by the United Nations as the third largest source of shabu, owes them a special gift of gratitude.

But even as justice has won a great victory, it seems to be incomplete. Where are the protectors who made it possible for the syndicate to operate within a stone’s throw from the headquarters of the PNP Eastern Police District? Where are the local officials who conveniently looked the other way as the shabu flea market flourished within sniffing distance of city hall?

Palao mentioned some names in the PNP. He talked of payoffs to NBI agents. If he can be persuaded to talk, Boratong should be able to name more names. And the authorities apparently know this, or else why would they mount such tight security arrangements at the promulgation of his sentence - a 24-vehicle convoy, a 200-member security detail and even snipers around the court premises?

Despite the conviction of Boratong, the case should not be closed. There are others who have to be haled to court, preferably the fearless Borreta’s.

Thursday, July 9, 2009

Shabu market’ operator, wife get life


By Beverly T. Natividad, Tina Santos
Philippine Daily Inquirer
First Posted 03:29:00 07/10/2009

Filed Under: shabu, Illegal drugs, Crime and Law and Justice, Punishment

MANILA, Philippines — The operator of a “shabu tiangge” (drug market) near the Pasig City Hall that police raided three years ago was sentenced Thursday to life imprisonment. Police said the operator had earned P900 million selling shabu (methamphetamine hydrochloride) at the market.

Amin Imam Boratong and his second wife Sheryl Molera Boratong each got a life term for violating Section 6 of Republic Act No. 9165 (Dangerous Drugs Act).

Judge Abraham B. Borreta of the Pasig Regional Trial Court’s Branch 154 found the two guilty beyond reasonable doubt for jointly running the drug market in the Mapayapa Compound on F. Soriano Street.

The court gave credence to the testimony of Samer Palao, Boratong’s right-hand man for the Mapayapa drug operations and the main witness of the Philippine National Police’s Anti-Illegal Drugs Special Operations Task Force.

Besides meting out the life terms, the court ordered Boratong to pay P10 million in fines and his wife, P1 million.

Sheryl was also convicted of a separate charge of drug possession as she was found with 52.19 grams of illegal narcotics when the Mapayapa Compound was raided by the police task force in February 2006.

5 lady prosecutors hailed

Justice Secretary Agnes Devanadera praised the Department of Justice prosecutors on the case for resisting tremendous pressure.

“Today, we have a triumph of justice and it is very significant that the prosecutors who performed very well are five ladies,” Devanadera said. “The vigilance of the community contributed to the success.”

The prosecutors are Anjanette Ortile, Amor Robles, Elizabeth Berdal, Eden Wakay-Valdez and Marlet Balagtas.

Devanadera said the prosecutors had received threatening text messages and had felt they were being followed home. She added there were also bribe attempts.

Vicente “Tito” Sotto III, chair of the Dangerous Drugs Board, said the conviction “sends a strong message that the three pillars of enforcement, prosecution and judiciary are working together to hit the drug peddlers in full force as we get our act together against the scourge of illegal drugs for the sake of the Filipino youth.”

Sobbing

Following the promulgation, Boratong, surrounded by his escorts from the National Bureau of Investigation, told reporters that the decision was unfair.

“They were influenced by the media. What happened to me was a trial by publicity,” he said.

Sheryl could not even get up from her seat after the announcement of the life sentence and was covering her face. She was sobbing long after the court session had adjourned.

“I wish they knew the truth. I’m not supposed to be here. I had nothing to do with what they charged me of,” she said in an interview.

Judge Borreta ordered the immediate imprisonment of the convicts at the National Bilibid Prisons in Muntinlupa City.

The judge also ordered that all the drugs, money and assets seized by the police task force in connection with the case be turned over to the Philippine Drug Enforcement Agency for proper disposition.

Testimony credible, convincing

Boratong’s conviction, Borreta said in an interview, rested mainly on the testimony of primary witness Palao, which was also corroborated by other witnesses presented by the prosecuting lawyers.

In his decision, the judge said Palao’s testimony was “straightforward, clear, convincing and credible.”

Palao was able to detail how Boratong “procured shabu from his suppliers and how the shabu was actually delivered by the suppliers of Boratong; how the drugs were weighed, repacked and how the shabu was distributed to the ‘sistemadores’ or the pushers who sold them wholesale or retail in the shanties located inside the compound,” the decision said.

The primary witness also showed the court how the proceeds were collected from the pushers and how these were deposited by Boratong in a bank.

The court also took into account the fact that Boratong was also proven to be the owner of the 2,000-square-meter Mapayapa Compound.

In his defense, Boratong claimed that while he owned the compound, he had nothing to do with the drug operations there.

200 NBI agents

Ruel Lasala, commander of the NBI Anti-Illegal Drugs Task Force, said the conviction of Boratong and his wife was a resounding victory in the fight against the illegal trafficking of drugs.

“We are happy that we are instrumental in making it possible,” Lasala said.

The couple were detained at the NBI following their arrest in 2006.

Convoy

At least 200 bureau agents provided security for the couple when they were taken out of the NBI compound in Manila for the promulgation of their case at the Pasig Regional Trial Court.

A convoy of at least 24 vehicles took the couple to the court. The bureau even created Task Force Gavel to provide protection for the couple.

Apart from NBI agents, members of the Special Weapons and Tactics and Highway Patrol Groups served as augmentation teams. Snipers were also deployed on nearby buildings, apart from agents assigned to secure court premises.

‘Victim’

A few hours before he left the NBI, Boratong expressed confidence that he would be acquitted. He said he felt nervous and excited at the same time.

“I know that there is not enough evidence against me. I am a victim of a trial by publicity. My case was politicized,” Boratong told reporters. “I’m not a drug lord, I’m the victim here.”

He denied that he was the operator of the drug market, that he earned P900 million from illegal drugs and that he underwent nose surgery to conceal his identity.

“This is the worst thing that happened to me,” he said, vowing to make up for lost time with his family if he got acquitted. “But if I get convicted, I guess I just have to accept it.” With a report from Dona Pazzibugan

Life imprisonment: Mag-asawa hinatulan dahil sa Pasig ‘shabu tiangge’

MANILA – Life imprisonment ang naging hatol ng Pasig Regional Trial Court kay Amin Imam Boratong at sa asawa nitong si Sheryl Molera kaugnay sa kontrobersyal na “shabu tiangge" sa Pasig na sinalakay ng mga awtoridad noong 2006.

Tinawag naman na “tagumpay ng mga Filipino" ni Dangerous Drugs Board (DDB) chairman Vicente Sotto III ang naging desisyon ni Pasig RTC branch 154 presiding Justice Abraham Borreta sa mag-asawang Boratong.

Bukod sa habambuhay na pagkabilanggo, inatasan din ni Borreta si Boratong na magbayad ng P10 milyong danyos dahil sa paglabag sa probisyon ng Comprehensive Dangerous Drugs Act.

Pinagbabayad din ng korte si Molera ng P1 milyon dahil sa pakikipagsabwatan sa asawa sa pagpapatakbo ng “shabu tiangge" sa Mapayapa Compound, Pasig.

Tinatayang 51.19 gramo ng shabu o methamphetamine hydrochloride ang nakita umano kay Molera nang madakip ito noong 2006.

Naging kontrobersiyal ang pagsalakay sa shabu tiangge – kung saan maaaring bumili ng shabu at doon na rin "gumamit" ng droga ang parokyano - dahil ilang metro lamang ang layo nito sa City Hall ng Pasig.

Ayon kay Borreta, naging matibay ang kaso laban sa mag-asawa dahil sa testimonya ng mismong kapatid ni Boratong at dating kanang-kamay sa operasyon na si Man Samer Palo. Bukod pa rito ang mga ipinakitang ebidensya at testimonya ng iba pang testigo.

Kasabay nito, ibinasura ni Borreta ang kasong kidnapping na isinampa ng mga Boratong kay Palao.

Drug lord at live-in partner nito, hinatulan ng life imprisonment

“Guilty beyond reasonable doubt!”…

Ito ang naging hatol ni Pasig City Regional Trial Court Branch 154 Judge Abraham Borreta sa drug operator na si Amin Imam Boratong at sa live-in partner nito na si Sheryl Molera.


Ayon sa ibinabang 50-pahinang desisyon ni Borreta, nararapat lamang na hatulan ng life imprisonment ang dalawa dahil may ‘probable cause’ siyang nakikita sa paglabag sa Section 6 ng Republic Act 9165 o Dangerous Drugs Act.


Pinagmumulta din nito ng dalawang milyon si Molera habang sampung milyon naman si Boratong.


Giit ni Boreta, ibinatay niya ang desisyon sa merito ng kaso kung kaya’t dapat umano itong respetuhin.


Ibinunyag din ni Judge Borreta na merong emisaryo mula sa kampo ni Boratong ang nagtangka siyang suhulan para impluwensyahan ang kanyang hatol sa kaso.

Magugunitang nito lamang Hunyo 9, limang malalaking plastic bag ng pinaghihinalaang shabu ang narekober ng Philippine Drug Enforcement Agency (PDEA) sa bahay ni Boratong

Thursday, July 2, 2009

A Triumph Of Justice Over Evil

‘A Triumph Of Justice Over Evil’
The Philippine National Police (PNP) described Sunday the conviction of 65 suspects in the Pasig City shabu flea market raid as a "triumph of justice over evil." PNP chief Director General Avelino Razon Jr. said the meting of life imprisonment to Rosalino Babao and Ramil Galicia, and various prison terms to 63 others, should serve as a warning to those who continue involving themselves in the illegal drugs business. "The law would catch up with these people who are still involved in illegal drugs. The conviction only shows that crime does not pay," said Razon, as he congratulated personnel of the PNP’s Anti-Illegal Drugs and Special Operations Task Force (AIDSOTF) for steadfastly appearing in court to secure the conviction of the suspects. He also hailed Judge Abraham Borreta, of the Pasig City Regional Trial Court (RTC) Branch 154 for his decision, noting that it would encourage the police to go after illegal drugs syndicates. Some members of the big-time drug syndicates managed to remain scot-free because they allegedly "bought" their freedom and Borreta’s decision is expected to change this perception, a police official said. Senior Superintendent Jojo Acierto, AIDSOTF’s executive officer, said he and his men are happy over Borreta’s decision. "This is only our initial victory. I commend the court because its decision rewarded the long time and hard- work we endured in dismantling the shabu tiangge," said Acierto, the ground commander of the more than 200 policemen who conducted the raid. (Continued)

Sunday, June 28, 2009

Witness admits P1-M offer to testify

A defense witness has admitted in open court that she was offered P1 million to testify in favor of alleged shabu flea market operator Amin Imam Boratong.
During cross-examination before Judge Abraham Borreta, of Pasig Regional Trial Court Branch 154, Cherryl Pace, 23, said the offer was relayed to her through text messages by a certain Kuya Dado, who court records showed is one of the more than 60 “sistemadores” (pushers) of Boratong.
Pace said she forwarded the text messages to Senior Superintendent Jojo Acierto, executive officer of the Anti-Illegal Drugs Special Operations Task Force (AIDSOTF).
The prosecution presented the text messages during the resumption of the trial Thursday to show that Pace decided to join the camp of Boratong in exchange for money.
Earlier, Pace claimed she bolted the camp of the prosecution because she could not stomach telling “lies” regarding Boratong and his wife, Sheryl Molera, who are facing charges of maintaining a drug den.
She claimed four prosecutors from the Department of Justice (DOJ) and her AIDSOTF handlers “coached” her to pin down Boratong and Molera.
Pace testified in favor of Boratong last Oct. 9. She said her testimony with regards to the operation of the shabu flea market is true, except the portion regarding the participation of Boratong and Molera, for which she was “coached.”
The DOJ prosecutors pointed out that they only started meeting with Pace during Borreta’s deliberation on the motion for bail of Boratong.
The prosecutors presented as evidence records of Pace’s testimony in September 2006, which guided Borreta in meting life terms on at least 65 of the more than 300 suspects arrested by government agents during a raid on the shabu flea market in Barangay Sto. Tomas, Pasig last Feb.10, 2006.
Pace’s testimony played a key role in Borreta’s decision to deny Boratong and Molera bail.
Last Sept. 28, Pace admitted she and her father visited the AIDSOTF office in Camp Crame to seek Acierto’s help with regards to the Boratong camp’s monetary offer.
The prosecution said Pace’s father signed a document stating that Boratong’s camp was harassing his daughter and Dado’s offer of P300,000 downpayment for the witness to switch sides.
As she agreed with AIDSOTF, Pace took her family home to Leyte for their safety before deciding to return to Metro Manila since her police handlers were calling to set up the arrest of Mimi, Boratong’s Muslim wife.
“Mimi would hand over the money to me,” Pace said. “The AIDSOTF, who would be positioned nearby, would arrest her and we agreed to demand money from her because she has a lot of cash.”
However, when she returned to Metro Manila last Oct. 3, Pace called up Mimi and informed her of her wish to testify in Boratong’s favor.
Pace did not say whether she received money from Boratong’s camp in exchange for her testimony on Oct. 9 and last Thursday. But she admitted talking to Mimi prior to her appearance in court.
During a re-direct examination, Pace claimed she and defense lawyer Raymond Fortun met once before she testified in court.
“He (Fortun) told me to tell the truth in court and nothing else,” she said.