PDEA: Marcelino's denial, frame-up claim are 'weak defenses'

From GMA News (Feb 4): PDEA: Marcelino's denial, frame-up claim are 'weak defenses'

The Philippine Drug Enforcement Agency (PDEA) on Wednesday maintained that there was nothing illegal in the arrest of Lt. Col. Ferdinand Marcelino inside a clandestine drug laboratory in Manila last month.

In a joint affidavit submitted at the resumption of the preliminary investigation on the case, the PDEA said Marcelino’s denial, alibi, and claim of a frame-up are inherently weak defenses.

"A perusal of the respective counter-affidavits of the respondent shows that the allegations contained therein are purely alibis that deserve scant consideration in law,” according to the PDEA, through its agents PO3 Adrian Galang and IO1 Ronald Gogoc.

The agents are among the complainants who filed charges against Marcelino.

Marcelino, who was arrested last January 21 in an anti-illegal drug raid in Manila, was charged with violating Sections 8 and 11 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

A former PDEA official, Marcelino claimed that he was performing surveillance work when arrested together with a Chinese national in the raid on a townhouse that turned out to be a shabu lab.

“The logical conclusion is that the respondents were validly arrested on January 21, 2016 in flagrant in full control and dominion of a clandestine laboratory for the manufacture of methamphetamine hydrochloride or shabu,” said the PDEA.

Both Marcelino and Yan Yi Shou, also known as Randy, were present during Wednesday’s preliminary investigation.

The PDEA described as “self-serving" Marcelino’s accusation that his arrest was linked to PDEA Director General Arturo Cacdac’s personal grudge against him.

The PDEA said Marcelino failed to show any proof of ill-motive on the part of Cacdac.

The agency added that Marcelino’s alleged surveillance operations on illegal drug activities was not part of his job description as a commandant of the Philippine Navy Officer Candidate School in Zambales.

He is likewise not a member of the Intelligence Service of the Armed Forces of the Philippines or the PDEA, which is the lead agency in the enforcement of the provisions of Republic Act 9185.

“It is worth emphasizing that respondent LTC Marcelino is not duly authorized to conduct any anti-illegal drugs operation when he was arrested,” said the PDEA.

The agency also insisted that Randy, who was arrested along with Marcelino, is not documented and authorized as an action agent, confidential informant or asset of the PDEA.

The PDEA said that assuming Marcelino was indeed on a legitimate surveillance operation, he should have at least complied with the protocol and requirements on coordinating with the agency.

The DOJ set the next hearing for February 10. Randy's camp, meanwhile, asked for more time to file a counter-affidavit.

http://www.gmanetwork.com/news/story/553928/news/nation/pdea-marcelino-s-denial-frame-up-claim-are-weak-defenses