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.

Man gets life for killing cop

Man gets life for killing cop probing Boratong coddlers
By Non Alquitran Updated June 23, 2009 12:00 AM

MANILA, Philippines – The convicted killer of a police official investigating policemen linked to alleged Pasig shabu flea market operator Amin Imam Boratong was sentenced to life in prison yesterday.

In his decision, Judge Abraham Borreta of Pasig Regional Trial Court Branch 154 said Leonardo Capili conspired with three others in killing Chief Inspector Renato Marasigan, who was investigating fellow police officers tagged as Boratong’s coddlers at the time he was gunned down.

“The court tried to determine if the defense put up by the accused has merit and if it served him in good stead. But unfortunately for the accused, the court found his defense devoid of merit,” read the decision.

Borreta ordered Capili to indemnify the family of Marasigan P335,000 in actual damages and funeral expenses.

In his defense, Capili said he was cooking food for his daughter’s birthday at their house in Caloocan City when Marasigan was killed in Pasig three years ago.

However, Borreta ruled Capili failed to reveal his whereabouts between 6 a.m., when he left their house in Caloocan City, and when he returned at 9:30 a.m.

“(The defense of alibi) cannot be invoked by him (Capili) to extricate himself from criminal liability in the light of his positive identification by credible witnesses as one of the assailants of the late Renato Marasigan,” read the decision.

Records showed that Marasigan was in his Mitsubishi Pajero when he was waylaid by four suspects in front of the Malinao barangay hall on March 29, 2006.

Witnesses Enrique Gabrielles, a newspaper vendor, and Irma Cuaresma, a teacher, said they saw Capili among the four suspects but did not see him fire a gun at Marasigan.

Gabrielles, who was standing three meters away from the ambush site, said Capili was among the suspects who ordered people in the vicinity to lie face down on the pavement.

Cuaresma said she was rushing out of the barangay hall when she heard gunfire and saw Capili opening the door of Marasigan’s vehicle.

When a police sketch of Capili and two other suspects was flashed on television, an informant reported that Capili was in his house in Caloocan City and that police could take video footage of him.

When the video footage was shown to Cuaresma, she identified Capili, who police arrested on April 6, 2006.

In court, Marasigan’s widow, Venus, testified that two days before her husband was killed, she saw Capili leaning on a parked car along Intalan street in Pasig.

Capili bowed his head and hurriedly go into the parked car when their vehicle passed by, she added. In open court, Capili admitted he was indeed the man Venus saw.

Borreta dismissed Marasigan’s widow’s suspicion that policemen tagged as protectors of Boratong are behind her husband’s murder.

A legacy

Living up to UP’s motto
By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 02:48:00 08/30/2008

MANILA, Philippines—The motto of the University of the Philippines (UP) is “Honor and Excellence.” Judging from the premier position it holds among Philippine universities in various published international rankings—not to mention that its graduates regularly top professional examinations (medicine, law, engineering, accounting, etc.), and that the great majority of all national artists and practically all national scientists are its products—it is safe to say that the “Excellence” part of the motto has been lived up to.

It is often taken for granted that once excellence is achieved, honor follows. Thus, excellence is what is focused on, to the extent that dishonorable means are sometimes used to achieve it. (“The end justifies the means.”) The initial success in achieving “excellence” by dishonorable means leads to the continued use of such means. UP School of Economics Dean Emmanuel de Dios points out that if we browse through the pages of this country’s history, we will “unfortunately find it replete with UP graduates who were excellent but were not honorable and who have wrought lasting damage to our nation and institutions.”

His bottom line is that honor and excellence are distinct, and that those who conceived the ideals of the university were truly wise when they did not reduce its ideal to “Excellence above all,” or to “Honor through Excellence,” or even “Excellence and Honor.” Rather, he emphasizes, they placed honor before excellence—the first being more important than the second. And we ignore that “lexicographic ordering” only at our peril.

And yes, UP has produced thousands of men and women who may not have been outstanding in the academic sense but have made lasting contributions to the country and their families—men and women of honor. And yes, it has produced as well those who are both honorable and excellent. Unfortunately, public attention gets focused on the allegedly dishonorable, whether excellent or mediocre.

For example, the investigation of Court of Appeals justices (actually only two) has made the already unsavory reputation of that court (for selling temporary restraining orders and court decisions) even more unsavory. One is a UP alumnus, the other is from Ateneo de Manila University. As I noted in last week’s column, the good apples in the Court of Appeals barrel are being pictured as also rotten.

In an attempt to find out how many good apples there really are in that particular barrel, I asked around. The method by no means qualifies even as an informal survey, but I do consider my sources unimpeachable. What I found was that of the 51 members of the appeals court who are assigned in Metro Manila, 27 definitely have a reputation for neither asking for bribes nor accepting bribe offers; and 24 definitely are reputed to be rotten apples. Of the 27 with clean hands, 10 are from UP, five men and five women. Of the 24 who are considered rotten apples, three are from UP (two men and a woman).

So you have a half-empty-half-full-glass situation here. The half-full perspective would be that more than half of the Court of Appeals justices are good apples; the half-empty perspective would be that almost half are rotten. Take your pick. I frankly was pleasantly surprised to find out that there are that many good apples, considering how badly tarnished the Court of Appeals’ image is.

The good news (for those who hold UP dear) is that most of the UP alumni in the Court of Appeals are good apples (10 out of 13). The bad news is that the majority of the Court of Appeals justices do not seem to come from UP (as is the case in the Supreme Court)—which may mean either that the honorable and excellent of UP are loathe to leave the private sector, or that the honorable and excellent have a difficult time getting appointed to that court—connections count for more virtues.

Crude calculations. Which is why it is high time that the Supreme Court commissioned a study to determine the extent of judicial corruption. In the meantime, knowing the problem is half of the solution, one can derive comfort from anecdotal evidence that there are (still) some incorruptible judges.

I have a favorite anecdote about it—and the reader will soon know why. It involves Regional Trial Court Judge Abraham Borreta (Branch 154, Pasig City) who apparently told the accused in open court to cease and desist from sending emissaries with bribe offers in exchange for being granted bail, or for favorable dispensation of his case, because it would be judged solely on its merits.

What is impressive is that Borreta apparently told the various emissaries immediately (including friends and acquaintances who were approached) to back off—unlike the situation involving the Court of Appeals justices. Borreta, I am told, always keeps his office door open—nothing goes on behind closed doors. But the kicker has to do with the amount of the bribes being offered (just for bail, mind you): It went up to P20 million, and finally a “name your price” situation. By the way, P20 million, represents more than 20 times a judge’s gross annual income (salary and perks), and for that matter, even that of a Court of Appeals justice. I am told that the accused in the case was so impressed (he apparently had pretty much everyone in his pocket), so that even though the decision went against him (bail was denied), he saluted Borreta when he was being led out.

Borreta is UP ’73. Valedictorian and bar topnotcher. He left a lucrative private practice for a career in the judiciary. He may have his faults, but apparently he cannot be bribed. Fight on, UP.

Life in jail for selling a sachet of shabu

Life in jail for selling a sachet of shabu

Convict also fined P800,000

By Jovan Cerda
Philippine Daily Inquirer
First Posted 01:03:00 05/04/2009

MANILA, Philippines—A Pasig resident will spend the rest of his life behind bars after he was convicted of drug charges last week, almost two years after he was caught selling “shabu,” or metamphetamine hydrochloride, in a police buy-bust operation.

In a nine-page decision, Judge Abraham Borreta of Branch 154 found Arnel Millondaga, also known as “Choy,” guilty of violating Section 5 of the Comprehensive Dangerous Drugs Act, or the sale of dangerous drugs, and sentenced him to life imprisonment.

Millondaga was also convicted of a separate charge of possessing illegal drugs and ordered to spend up to 17 years in prison and pay fines amounting to P800,000.

Court records showed that Millondaga was arrested on September 8, 2007, after the Eastern Police District’s Anti-Illegal Drugs Special Operations Task Force caught him during a drug bust in Barangay (Village) Pinagbuhatan.

Senior Police Officer 1 Joseph Espinosa led the operation with PO2 Gary Gomez and other police officers who backed them up, documents showed.

Policemen who were part of the arresting team later testified in court that Espinosa posed as a buyer and, along with an unidentified informant, met with Millondaga, who offered him a sachet of shabu worth P300.

The accused was then arrested by Espinosa, who found another sachet of shabu in his possession, the witnesses said.

Upon cross examination, Millondaga denied the allegations, saying he just arrived from Quezon province, where he worked as a driver. He added that the arresting officers tried to extort P150,000 from him.

But Borreta gave greater weight to the testimonies of the arresting officers than Millondaga’s alibi. “Between his (Millondaga’s) statement and the evidence for the prosecution, the court finds the latter to be more worthy of credence and belief,” the judge said.

Borreta added that he found Millondaga’s testimony to be “fatally flawed and suffering from serious infirmities.”

http://newsinfo.inquirer.net/inquirerheadlines/metro/view/20090504-202887/Life-in-jail-for-selling-a-sachet-of-shabu

Philippine bar topnotchers list

Bar Topnotchers 1973-1976





1973
Name School Average
Vicente R. Solis AdeMU 90.3
Victoria Piñera AdeMU 89.6
Ricardo T. Chu, Jr. USA 88.6
Charles S. Anastacio SBC 87.2
Manuel Lutgardo M. Torres SBC 87.05
Ernesto R. Lim, Jr. SBC 86.9
Frumencio A. Lagustan SBC 86.8
Abraham B. Borreta UP 86.45
Lucas P. Bersamin UE 86.3
Jesus G. Dureza AdeD 86.25

1974
Name School Average
Arturo D. Brion AdeMU 91.65
Ferdinand T. Santos SBC 90.7
Francis H. Jardeleza UP 88.35
Rafael A. Morales UP 87.79
Francisco B. Luna FEU 87.39
DelfinM. Quijano CSJ-R 87.34
Nanette R. de Castro UP 86.9
Kenneth M. Barredo UNO-R 86.7
Marcelo J. Abibas, Jr. MLQU 86.2
Luis A. Vera Cruz, Jr. UP 85.88

1975
Name School Average
Nicanor B. Padilla, Jr. UE 86.7
Natividad B. Kwan AdeMU 86.55
Emmanuel R. Pacquiao UV 86.5
Augusto G. Panlilio AdeMU 86.35
Edmundo I. Imperial AdeMU 86.25
Antonio T. Carpio UP 85.7
Roldan B. Dalman AdeMU 85.7
Edgardo A. Abinales UE 85.3
William L. Chua UNO-R 85.05
Rosmari D. Carandang UP 84.95
Vicente B. Amador UP 84.9
Josefa K. Cauton UP 84.9
Vicente Q. Roxas UP 84.9

1976
Name School Average
Enrique Y. Teehankee UP 90.8
Pedro Y. Aquino FEU 89.95
Arthur E. Galace BCF 89.45
Vicente F. Ruaro AdeMU 88.5
Jose A. Curammeng, Jr. UST 88.25
Arturo C. Villamor USC 88.05
Felicisimo P. Sagun SBC 88.0
Mariano E. Sarmiento II UP 87.95
Ruben V. Abarquez AdeD 87.65
Florencio M. Martinez SBC 87.65
Federico C. Cabilao, Jr. USC 87.5

A JUST DECISION

Drug offenders get 20-year jail term Manila Standard25 July 2007 2:30 AM
Four drug users were meted out 20 years imprisonment for engaging in a pot session three years ago in Pasig City.
In a three-page decision, Judge Abraham Borreta, of Pasig City Regional Trial Court Branch 154, also ordered the accused Erwin Castumbas, Roldan Cruz, Erwin Begonio, and Elpidio Turlao to pay P400,000 each as penalty for their offenses.
The promulgation of the sentences was made in absentia since the four jumped bail while their case was being heard.
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“In the light of the evidence adduced by the prosecution which was not controverted, disputed or refuted by the accused in view of their failure to appear at the hearings of the instant case despite notice to them, the court has to hand down a verdict of conviction,” Borreta said.
Court records showed, the four accused were arrested on Feb. 13, 2004 after operatives of the Pasig police received information that a group of men were having a pot session at the corner of Baltazar and Villa Monic Streets, Barangay Palatiw.
Investigation showed Castumbas, Cruz, Begonio and Turlao were caught in the act of sniffing marijuana.
During trial, the four failed to present any evidence in their defense to charges of using prohibited substances.
The prosecution presented as witnesses the policemen who staged the bust leading to the arrest of the suspects.
Last June 28, a shootout occurred during a raid of the Mapayapa compound, the site of the so-called “shabu supermarket” near city hall that was raided on Feb. 10 last year.
“Some syndicates want to revive the drug trade. It was good that some residents were vigilant,” said Chief Supt. Luizon Ticson, Eastern Police District director.
The place has been identified with suspected drug lord Amim Imam Boratong who, along with his mistress Sheryl Morela, were arrested in Makati City November last year and are now detained by the National Bureau of Investigation.
Long perceived as untouchable, the compound, located near a police precinct, was first raided in early 2006 by operatives of Anti-Illegal Drugs Special Operations Task Force based in Camp Crame, following reports that Boratong had earned more than P900 million in the drug trade since 2003.
Boratong and Morela face drug trafficking charges in the sala of Borreta. Gigi Muñoz David Back to top

Judge Abraham B. Borretta

Drug den operator gets life sentence
Manila Standard
29 May 2008 | 11:00 PM

A drug den operator was meted out life imprisonment in the second batch of promulgation on the case of the so-called shabu tiangge raided by authorities in Pasig City two years ago.

Pasig Regional Trial Court Branch 154 Judge Abraham Borreta also ordered Ruben Tan Olandia to pay P2 million as penalty for his offense.

Along with Olandia, Carlito de los Santos and Dominador Ordono got 20 years for possession of shabu and were ordered to pay P1 million each.

Edwin Cueto, Florencio Cariaga, Eric Mencias, Romeo de Guzman, Rosario Paraiso, Lilibeth Pulma, Merline de Guzman and Nenita Pumatong were sentenced to 13 years for drug use and ordered to pay P500,000 each.

But Borreta acquitted Exan Aiza for lack of evidence together with Mark Anthony Lampera, Vener de Castro, Jose Alejandro and Adolfo Nuez for lack of positive identification.

All the accused were arrested during a raid by anti-drug operatives who rounded up at least 300 people including women and children inside the Mayapa Compound in Barangay Sto. Tomas near city hall.

The propertys alleged owner, Amin Imam Boratong, is under the custody of the Department of Justice.

Borreta, who is also hearing Boratongs for violating the comprehensive anti-drug law, said in his decision that Olandia was found guilty due to the testimonies of state witness Sherylaira Pace.

Olandia failed to controvert or refute the claim of Pace that he had a tarimahan [drug den] inside the [shabu] compound.

The convicted drug users were also directed to undergo rehabilitation.

Judge Abraham B. Borreta

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