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

MANILA, Philippines — Police on Friday filed criminal complaints—including a "constructive possession" of  illegal drug rap—against the three lawyers who they said were “intimidating” them while implementing a search warrant at a bar in Makati.

Police Inspector Jeson Vigilla, PO3 R’Man Galit and PO1 Manuel Gutierrez filed complaints against lawyers Romulo Alarkon, Jan Vincent Soliven and Lenie Rocha on Friday afternoon at the Makati prosecutors office.

The three lawyers are facing the following complaints:

• Obstruction of Justice
• Resistance and Disobedience to a Person in Authority
• Violation of City Ordinance No. 96-298
• Section 11 Article II of Republic Act 9165 or Comprehensive Dangerous Drugs Act of 2002

The investigation data form notes that the complaint is on “Constructive Possession” of illegal drugs.

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.”

Earlier this week, police also filed complaints of maintenance of a drug den against the owner and employees of TIME bar. The National Capital Region Police Office said that illegal drugs were recovered from chairs and tables of customers of the bar.

READ: ‘Drug bar’ owner, 31 employees charged

TIME bar raid

Makati cops arrested the three at around 1:33 p.m. of August 16, while the authorities were implementing a search warrant at TIME Bar in Makati City.

According to the Southern Police District, the three lawyers “entered the premises of the bar, took several pictures and videos of the scene and intimidated the members of the searching team.”

The SPD said the lawyers did all of these "without proper and prior coordination."

Diane Desierto, partner at the Desierto and Desierto law firm, stressed that the three lawyers were in the said bar “to just monitor the search implementation and inventory-taking as part of standard procedures.”

She also stressed that the three identified themselves as counsels for the bar owner.

The three lawyers were brought for inquest late Friday afternoon, after more than 24 hours of detention.

Lawyers’ group slam arrest

The Free Legal Assistance Group said that the “unlawful” arrest of the three lawyers “personifies the government’s arrogance, ignorance and disregard of the law.”

Jose Manuel Diokno, FLAG chairperson, said that the arrest of the three lawyers “demonstrates that the so-called ‘War on Drugs’ is really a war against the law. That its real purpose is not to stop illegal drugs but to supplant justice from the courts with 'justice' from the barrels of the guns of the police.”

The National Union of Peoples’ Lawyers, for its part, stressed that lawyers are not “the enemies,” but are, in fact, serving to “ensure rights are protected even if they help bring the guilty to perdition.”

 “When the police arrogantly act as judge, jury and executioner, and with brazen impunity and boorishness at that, then a breakdown in law and startup in disorder reigns,” added the NUPL.

The Integrated Bar of the Philippines said early on Friday that they will file a petition for habeas corpus before the courts to ask for the release of the three lawyers. —  Kristine Joy Patag