Prosecutor junks raps vs TIME bar lawyers for insufficiency of evidence

MANILA, Philippines —  A Makati prosecutor has cleared three lawyers whom police detained and filed complaints against for allegedly intimidating officers during a daylight search of a Makati bar last August 2018.

Senior Assistant City Prosecutor Romel Odronia junked the Makati cops’ obstruction of justice, resistance and disobedience to a person in authority, “constructive possession” of dangerous drugs and a violation of a city ordinance complaints against three lawyers due to insufficiency of evidence.

READ: Makati cops file criminal raps vs lawyers who 'intimidated' them

The police claimed that lawyers Lenie Rocha, Jan Soliven and Romulo Alarcon "entered the premises of the bar, took several pictures and videos of the scene and intimidated the members of the searching team” while they were implementing a search warrant at TIME Bar in Makati City on August 2018.

'Presumption of regularity'

Director General Oscar Albayalde, PNP chief, earlier stressed that in any operation, there is a presumption of regularity.

But Odronia said that he is “not convinced” with the cops’ allegations.

 “Complainants could not hide behind the presumption of regularity in the performance of their function, because it is clearly shown that their assertions lack the earmark of truth and could not pass the test of reason and human experience,” the resolution dated January 31, but which was released to media only on Thursday, read.

The prosecutor stressed that the video of the confrontation, submitted by the cops, clearly showed that the lawyers identified themselves as legal counsel to the owner of the bar to the cops.

“Also, we find it illogical and inconsistent with reason and human experience that respondents who are all lawyers would risk their profession and go to Times Bar (sic) where a search warrant was being implemented without any client to represent,” the resolution further read.

Ordonia also said that the cops’ failed to prove their allegations that the lawyers contaminated or compromised the pieces of evidence seized from the operation.

On the cops’ claim that the lawyers barged inside the establishment was “bare and uncorroborated.”

Human rights lawyer Chel Diokno, dean of the De La Salle University College of Law, said of the case in Filipino that: "you cannot trample on due process and the rights of other people while doing your duty."

Diokno, who is also a senatorial candidate, helped the three lawyers when they were arrested last year.

"As law enforcers, they should learn to respect procedures to set an example for others," he said of the Makati police.

'Constructive possession' complaint

The prosecutor also dismissed the cops’ complaint on the lawyers’ “constructive possession” of illegal drugs as “ludicrous and farcical.”

According to the Supreme Court, constructive possession “exists when the drug is under the dominion and control of the accused, or when he has the right to exercise dominion and control over the place where it is found.”

The Makati cops arrested the lawyers past noon on August 16, 2018 and detained them for more than 24 hours before bringing them to Makati's Office of the City Prosecutor in the late afternoon of a Friday for the filing of complaints.

The lawyers’ detention drew criticism from lawmakers, lawyers’ groups and the Commission on Human Rights, but former human rights lawyer Harry Roque, presidential spokesperson at the time, said then that the three should go through a "refresher course on  what lawyers can and cannot do and the legal profession."