Navy yet to ascertain whether Marcelino entitled to LAA

From the Philippine News Agency (Jan 25): Navy yet to ascertain whether Marcelino entitled to LAA

The Philippine Navy (PN) is determining on whether the case against Marine Lt. Col. Ferdinand Marcelino, who was arrested in Sta. Cruz, Manila in the wake of the Php320 million drug-bust last week, is service-related.

This is to determine on whether the accused officer is eligible for Legal Assistance Attorney (LAA), said PN spokesperson Col. Edgard Arevalo Monday.

"PN SOP Number 2 dated Feb. 1, 2013 contains policy on Providing Legal Assistance to Navy Personnel who are entitled to LAA. Only cases incurred by Navy personnel in the performance of their duties are entitled to LAA. Cases not directly service-caused but has a reasonable connection with service-related activities of military personnel are also entitled to LAA," he added.

And pending the determination by proper authorities as to the nature of Marcelino's case, the PN cannot afford to give the latter LAA yet.

"In the event that it will later show that he is entitled to LAA, he has to ask for it. Under the Bill of Rights, the right to 'competent and independent counsel' is a matter of choice by the accused," the PN spokesperson stressed.

Arevalo said the Navy is hoping Marcelino can present his authority or the source thereof so he can eventually clear his name, preserve his good reputation, and continue his military service.

Marcelino and 33-year-old Chinese national Yan Yi Shou were arrested by Philippine Drug Enforcement Agency agents at Felix Huertas corner Batangas Streets in Sta. Cruz, Manila last Jan. 21.

Around 64 kilograms of "shabu" worth Php320 million were seized.

As this develops, Armed Forces of the Philippines (AFP) spokesperson Brig. Gen. Restituto Padilla said the beleguered Marine officer has a very credible service reputation.

"His service reputation is very credible, his work ethic based on whom he has worked with is unquestionable as well as his dedication to duty," he added.

And when asked on whether he was surprised on Marcelino's drug-bust arrest, Padilla replied:

"We cannot judge as of this time, there are many operations occurring that have deeper origins and basis so in our case, we leave it to the investigating authorities to determine that but we are sure that in the end the truth behind this will come out and the colonel’s reputation, service reputation will come out strong."

Padilla also urged the public to give Marcelino due process and allow the case to take its due course.

"(In our justice system), Lt. Col. Marcelino is presumed innocent until proven otherwise and as such, is entitled to legal assistance if so requested. So far, no request for this has been made. We understand and will respect his choice of counsel," he added.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=850220