AFP formally seeks custody of beleaguered Marine officer Marcelino

From the Philippine News Agency (Jan 4): AFP formally seeks custody of beleaguered Marine officer Marcelino

The Armed Forces of the Philippines (AFP) on Wednesday formally filed a motion seeking the custody of Lt. Col. Ferdinand Marcelino, the Marine officer earlier implicated in a Php380 million drug-bust in Sta. Cruz, Manila last year.

Marcelino earlier surrendered to the Office of the Provost Marshal of the AFP Tuesday noon.

AFP public affairs office chief Col. Edgard Arevalo said Marcelino's motion for commitment order and interim prayer for custody was filed by his counsel which was provided by the Judge Advocate General Office (JAGO) for that particular purpose only.

"Through counsel coming from the Judge Advocate General Office for a temporary and special appearance in his behalf filed yesterday (Tuesday) such motion through registered mail in order to beat the time of 5 p.m. As you know he only voluntarily surrendered around 12 noon. But this morning (Wednesday), the counsel personally proceeded to the court to submit a hard copy of said motion and indicated to the court such intention of the AFP," he noted.

The court being referred to is the Manila Regional Trial Court Branch 49 which earlier issued the arrest warrant against Marcelino and Chinese co-accused Yan Yi Shou last Dec. 22 after turning down their motion to dismiss the drug charges against them.
The two men were nabbed by anti-narcotics operatives last Jan. 21, 2016 in an abandoned shabu laboratory at the Celadon Residences in Sta. Cruz, Manila where authorities seized 76,697.7 grams of shabu worth over Php380 million.
Grounds for the AFP petition are as follows:

*First is the fact that he is an active member of the AFP, a militiary officer and subject to military law;

*Second is the fact that he has been, meaning Col. Marcelino, has been instrumental to the arrest prosecution and incarceration of several high profile personalities involved in illegal drug trade, organized syndicates at that, and these people who he helped incarcerated might be the same people whom he will be joining in case he will be imprisoned together with other high-profile criminals behind bars, so that will, they will pose danger to the life of Col. Marcelino;

*And the third is the fact that the AFP being a professional organization give a very high regard and respect to the majesty of the law and the courts, and is willing to abide by whatever decision will be rendered by the court on this particular motion and that if there is indeed pursuant to affidavit of undertaking, if there's a need for the court or for Col. Marcelino to appear before the courts the AFP will make sure that he will be there to, or will be present before the courts.

"For the information of everybody, Col. Marcelino is not considered a flight risk so apart from being a member of the AFP, he can be well taken cared of and hold under the custody of AFP and his arrest, as a matter of fact arrests and confinements are just meant to ensure that a person accused before violation of the law will be available when the court needs him for hearing and that is exactly what the AFP is assuring the court that if the court will so direct Col. Marcelino to be present he will be there, will be brought to the court as so demanded," Arevalo stressed.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=952658