Bernard Liu, 45, was arrested by the Criminal Investigation and Detection Group past 7:00 a.m. while he was visiting the wake of his uncle at the Cosmopolitan Funeral Homes in barangay Lahug.
Led by C/Insp. Fermin Armendares, the CIDG operatives acted on a call from a tipster informing them that Liu, who has been wanted since 2003, has been spotted in the area.
Armendares said the informant even told him that Liu was armed. But when they frisked Liu, the authorities failed to confiscate any weapon from him.
Liu's arrest was based on an arrest warrant issued by Judge Fortunato de Gracia of the Regional Trial Court Branch 15 dated December 18, 2003 for violation of R.A 6425 Section 3, or the transportation of illegal drugs. No bail was recommended.
Liu, who was presented to De Gracia yesterday afternoon, could not help but express his disappointment to the government for his plight.
Liu's lawyer, Briccio Boholst, immediately filed a petition for bail and moved that his client will not be committed to the Bagong Buhay Rehabilitation Center for security reasons. He asked the court to allow Liu's detention at the headquarters of the National Bureau of Investigation or the Philippine Drug Enforcement Agency.
Boholst said his client would be more secured at the NBI or PDEA headquarters considering that his security is at stake. He believed there are enough bases for them to be afraid of Liu's security considering that the other witness, Ananias Dy, was already assassinated.
Pending the resolution of his motion, De Gracia temporarily committed Liu at the CIDG headquarters.
Boholst is also optimistic that the court will grant their petition for bail, saying that the evidence against his client is very weak. In fact, he said there is no evidence to speak of to prove that Liu indeed smuggled illegal drugs.
He added that the case was just based on Liu's admission before the House committee hearing that he allegedly ordered by the Lim brothers to smuggle illegal drugs from Hong Kong.
Boholst said Liu's testimony was considered a privilege communication and that he is covered with the congressional immunity from suit.
Cebu City south district Rep. Antonio Cuenco, who used to be the House committee on dangerous drugs chairman, said he is willing to help Liu pay his bail bond. Cuenco, who presented Liu and Dy during the congressional investigation several years ago, said he is optimistic that Liu will be granted bail.
He said that if De Gracia denies the petition for bail filed by Liu's lawyer, he would bring the matter before the Supreme Court. Cuenco also questioned De Gracia's alleged refusal to dismiss the case even if there was no evidence.
The lawmaker said the two other cases filed before the sala of Judges Gabriel Ingles and Meinrado Paredes have already been dismissed. He said they have already filed a motion to dismiss the case before but De Gracia denied it.
Cuenco added that he has long instructed PDEA consultant Paul Clarence Oaminal to prepare a complaint against De Gracia for allegedly "knowingly rendering an unjust judgment," but none has been filed until now.
Liu and Dy had testified before the House committee on dangerous drugs that he went to Hong Kong with the Lim brothers six times. Every time they would go home, Liu said he would bring 10 kilos of cocaine stashed inside a golf bag.
Based on his testimony, former Department of Justice Secretary Simeon Daumanong ordered the filing of four criminal cases for drug trafficking against Liu.
In 2004, acting DOJ Secretary Ma. Merceditas Gutierez reversed Datumanong's resolution, saying Liu's admission does not merit the filing of the case.
Liu refused to comment about where he was hiding, but expressed disappointment to the government, saying "kami na hinuon ang nitestigo, kami na hinuon ang gigukod sa kapulisan."
Boholst also said "I hope the court will take a look on this kay wala man gyud sufficient evidence." - Fred P. Languido, Flor Z.Perolina and Edwin Ian Melecio and Ramil V. Ayuman