MANILA, Philippines - The Court of Appeals (CA) has affirmed the conviction of shabu tiangge (flea market) operator Amin Imam Boratong and his wife, Sheryl.
In a 38-page decision released yesterday, the CA’s Eighth Division upheld the guilty verdict handed down by Pasig City Regional Trial Court Branch 154 Judge Abraham Borreta in 2009 on the Boratong couple for maintaining a drug den and possession of illegal drugs.
The CA dismissed the Boratongs’ petition seeking the reversal of the verdict and instead agreed with the sentence of life imprisonment and a joint fine of P11 million imposed by the trial court.
The CA, in a ruling was penned by Associate Justice Stephen Cruz, said the evidence was sufficient to establish that the two maintained a drug den along F. Soriano street in Barangay Palatiw, Pasig City.
The CA rejected the Boratongs’ claim that the search warrant did not reflect their names and the place to be searched, stating that “a description of the place to be searched is sufficient if the officer with the warrant can, with reasonable effort, ascertain and identify the place intended to be searched.”
With these findings, the CA affirmed Borreta’s orders directing the continuation of the forfeiture proceedings of Boratong’s assets and properties.
Based on court records, Boratong was found to have P907 million in 19 bank accounts; two mansions in Cainta, Rizal and a rice mill in Bulacan.
Associate Justices Fernanda Lampas-Peralta and Nina Antonio Valenzuela concurred in this ruling.
Boratong was one of the 19 inmates transferred from the New Bilibid Prisons in Muntinlupa City to the National Bureau of Investigation (NBI) headquarters in Manila last month following a government crackdown on the illegal activities in the penitentiary, including drug trafficking.
Boratong has questioned the legality of his transfer before the Supreme Court, but was unable to get immediate relief against the Department of Justice transfer order.
Convicts sue De Lima
Meanwhile, lawyer Ferdinand Topacio – who represents four convicts transferred to the NBI along with Boratong – filed charges against Justice Secretary Leila de Lima with the Office of the Ombudsman yesterday.
Topacio said his clients Noel Martinez, Willy Sy, Michael Ong and German Agojo have been barred from being visited by their relatives and lawyers. He said this violates Republic Act 7438, which defines the rights of persons under detention; and RA 9745, which penalizes torture and other cruel and degrading punishments.
He also included in the complaint NBI security management office chief Ramon Alba and his subordinates. – With Michael Punongbayan