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Ilonggo lawyers defend Odicta counsel ‘ color=” style=’blockquote modern-quote’ custom_font=” size=” subheading_active=’subheading_below’ subheading_size=’15’ custom_class=”]
BY MERIANNE GRACE EREÑETA
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Saturday, December 17, 2016
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ILOILO City – Ilonggo lawyers came to the defense of a colleague whom the Philippine Drug Enforcement Agency (PDEA) charged with obstruction of justice and violating the antidrug law.
Atty. Marbhen Lumbo was “[defending] his client’s rights, liberty and property against unreasonable search and seizure” when he questioned the PDEA’s raid of the house of slain suspected drug lord Melvin Odicta Sr., officers of the Integrated Bar of the Philippines (IBP) Iloilo Chapter stressed.
“The enforcement of one law cannot be used to stifle another, especially if the law violated is the Constitution itself,” the IBP-Iloilo said in a statement.
On Dec. 8, PDEA operatives seized from the Odicta residence in Barangay Malipayon, City Proper 19 plastic packs of shabu, P300,000 cash, .40 pistol with ammunition, grenade, shotgun, .22 revolver, handheld radio, bank checks, and joint passbook in the name of Melvin Sr. and wife Meriam.
“Their search warrant included drugs and firearms, ngaa hasta iban nga wala nabutang sa search warrant ginpangdala nila?” Lumbo said. “Amo lang na gina-question ko sa ila, but they arrested and handcuffed me. I did not obstruct their search operation.”
He was freed hours after his arrest.
But on Monday, Dec. 12, the PDEA charged him with obstruction of justice (violation of Presidential Decree 1829) and violation of Section 6, specifically the last paragraph, of the Comprehensive Dangerous Drugs Act of 2002.
The paragraph read: “The penalty 12 years and one day to 20 years of imprisonment and a fine ranging from P100,000 to P500,000 shall be imposed upon any person who acts as a ‘protector/coddler’ of any violator of the provisions under this Section.”
“Protector sia (Lumbo) in the sense that he exceeded his role as a lawyer,” explained PDEA deputy regional director Levi Ortiz.
IBP-Iloilo officers “strongly condemn” their colleague’s arrest.
“People, including those facing charges in court or elsewhere, are entitled to the protection against unreasonable searches and seizures,” read their statement signed by their president Maricar P. Villanueva-Hiballes.
“To deny them of this basic fundamental right is to deny them of their humanity,” the statement stated.
The IBP-Iloilo also warned of the “danger” those who defend the rule of law are facing.
“The observance of the rule of law is what keeps a civilized state distinct from the rule of the mob,” the lawyers said. “Now danger lurks in defending the rule of law against the state, [which is] supposed to enforce it, not break it.”
They said they “cannot look at this situation with a blind eye” and will “stand together and fight for the rule of law.”
“No handcuffs or any form of intimidation can restrain us from doing our sworn duty as lawyers and officers of the court,” the IBP-Iloilo said. “No guns or bullies can stop us…”
The subject of the Dec. 8 raid was Melvin Odicta Jr., son of Melvin Odicta Sr.
Melvin Jr. and his brothers Michael, 32, and Darryl, 29, were arrested and charged with maintaining a drug den and conspiracy to trade illegal drugs.
Michael and Darryl were freed on Dec. 14 after the court found no ground for their continued detention.
The court granted the Odicta family’s petition for writ of habeas corpus, and the PDEA complied with it, family lawyer Atty. Isagani Pilaspilas said.
Four house helpers present during the raid — Alexander Yparosa, Paul Flores, Rio Pineda, and Rocky Odicta — were also arrested and charged. They were accused of working in the Odicta “drug den.”/PN
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