Seven years after the discovery of the so-called “mega” shabu laboratory at Palta Small, Virac, the Makati City Regional Trial Court has acquitted a former official of the National Bureau of Investigation (NBI) of all charges last week but found the alleged caretaker of the Chinese-run facility guilty of two counts of possession of dangerous drugs.
In a 105-page joint decision rendered last Aug. 2, 2024, Makati City RTC Branch 63 Presiding Judge Jacob M. Montesa II pronounced Atty. Augusto Eric C. Isidoro, former chief of the NBI’s Anti-Illegal Drugs Unit, not guilty of violation of Section 26 (d), Article II of Republic Act 9165, as amended, for conspiracy to manufacture dangerous drugs and/or controlled precursors and essential chemicals.
His co-accused, Lorenco Flores Piñera II, also known as Lawrence and/or Kidot, was found guilty of violation of Section 11 of the same law for possession of 12.534 kilograms of white crystalline substance, 9.975 kilograms of brownish liquid with crystals, and 200 milliliters of red liquid, all of which tested positive for methamphetamine hydrochloride of shabu.
He was sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.00.
In a separate case for violation of Sec. 26 (d) for possession of 359.75 kilograms of ephedrine, Piñera was likewise convicted and sentenced to another life imprisonment and a fine of P500,000.00.
The same decision directed the Makati City jail warden to immediately release Atty. Isidoro, who finally went home at 8 PM of the same day after being detained for six years, four months and 13 days.
Prosecutors from the Department of Justice (DOJ) are expected to appeal the court’s decision acquitting Isidoro.
Piñera, on the other hand, was ordered committed to the New Bilibid Prison in Muntinlupa City to serve his sentence.
His lawyer from the Public Attorney’s Office (PAO) is likewise expected to a reversal of judgment with the Court of Appeals.
As the other co-accused who remain at large – Xian Xian Wang, Pido Bonito, Paolo Uy, Jayson Gonzales Uy, Paolo Wee Palisoc, Phung Yuan Estorco, Sheng Wang, and Raymond Lee, Judge Montesa ordered the issuance of Alias Warrants of Arrest against them.
Xian Xian Wang, Bonito and the two Uys were charged along with Isidoro for conspiracy to manufacture shabu while the two Uys, Palisoc, Estorco and Sheng Wang were Piñera’s co-accused in the shabu and ephedrine possession cases.
The caretaker as well as the two Uys, Raymond Lee, Palisoc, Estorco and Sheng Wang were also avvused of manufacturing shabu and ephedrine.
Prosecution witness PLt. Col. Alex Pederio, then officer-in-charge of the PNP Regional Anti-Illegal Drugs Task Force, testified that as early as July 20, 2016, he received information about a warehouse in Palta Small, Virac, being used for illegal drugs activity.
A team of operatives validated the information and learned that the property was owned by Sarah and Ulpiano Sarmiento, leased by Isidoro’s wife Angelica Balmadrid, and subleased by Chinese national Jayson Uy, with Piñera as caretaker.
It learned from the electric cooperative that electric consumption for the warehouse increased from P1,000 in April 2016 to P184,914.21 on November 23, 2016.
Two attempts were made to inspect the warehouse on Nov. 24, 2016 but the authorities were rebuffed by Piñera and Paolo Uy, respectively.
In the morning of Nov. 26, Mayor Samuel Laynes, accompanied by Angelica Balmadrid and the police team, inspected the warehouse and confirmed that the equipment, machinery, chemicals and ingredients found inside were used in the manufacture of shabu.
By the time a search warrant was secured from the Court and the police entered the warehouse in full force, the alleged Chinese chemists were gone and only the caretaker was arrested.
The Mitsubishi Montero allegedly used by the Chinese were later found abandoned in Manambrag, San Andres.
The cases against the accused were initially filed before RTC Branch 43 sometime in 2017, with witness Ernesto Tabor Jr. surfacing in July that year and claiming to have information on the involvement of Isidoro, businessman Larry Que, Piñera.
The shabu lab chemists – Paolo Uy, Xian Xian Wang and Lee – were taken by Isidoro from the shabu lab the NBI raided in Camiling, Tarlac in November 2014, he said.
In March 2018, Isidoro surrendered to the NBI in March 2018 upon the issuance of an arrest warrant by the Virac RTC.
In June 2018, the Supreme Court granted the DOJ’s request for the transfer of the cases to the Makati City RTC and the trial commenced on Oct. 22 that year, with both accused pleading not guilty.
In his defense, Atty. Isidoro categorically denied the charge against him and said he had never met Tabor and never hired him was his bodyguard and driver.
His testimony was backed up by a colonel of the Philippine Air Force and active NBI agents who were in the Camiling raid and attested that only six Chinese nationals, not nine as claimed by Tabor, were arrested in the raid.
They likewise testified that Tabor was not a “striker” of any NBI agent, with Atty. Alfred Aquino and Ma. Teresa Hermann both averring to never have met Tabor at any time contrary to his claim.
In its ruling, the Court said the search warrant was valid and it was validly implemented by the authorities.
While the prosecution indeed established that the warehouse in Palta Small was a clandestine shabu laboratory, the Court focused on Tabor’s testimony that he was a “striker” working for Isidoro while he was head of the Anti-Illegal Drugs Unit.
It noted that prior to the time Tabor surfaced seven months after the shabu lab discovery, none of the prosecution witnesses identified Atty. Isidoro as a suspect and during the trial, the prosecution failed to present evidence to corroborate Tabor’s allegations.
“…(W)ithout independent evidence as to the alleged participation of Atty. Isidro in the conspiracy of manufacture of illegal drugs, and without evidence to corroborate Tabor’s testimony, Atty. Isidoro cannot be held liable,” Judge Montesa stressed.
He pointed out that if the Court were to believe the prosecution’s theory based on Tabor’s testimony, Tabor would be deemed as a conspirator, as he testified having taken the three Chinese nationals to Catanduanes, sought the land to be used as location of the shabu lab and the architect who would build it, and admitted to picking up chemicals to be used in the manufacture of shabu.
The Court likewise underscored that no information was filed against Tabor and neither was he placed in the Witness Protection Program, which requires among others that his testimony can be substantially corroborated in its material points.
“To this court, the fact that Tabor was not admitted into the program indicates that even the prosecution does not believe its own theory,” Judge Montesa emphasized.
The Court also found several inconsistencies in the witness’ testimony during trial and in his sworn affidavits while, in contrast, the defense was able to present witnesses who gave testimonies contrary to Tabor’s allegations.
“The prosecution should have presented evidence in rebuttal but chose not to do so. Without Tabor’s testimony, there is no evidence left to hold accused Atty. Isidoro liable for conspiracy to manufacture illegal drugs,” it stated.
As for Piñera, the Court said the evidence is bereft of any showing that he was involved in the manufacture of illegal drugs in the shabu lab, as Tabor’s discredited testimony cannot be given weight.
However, it found that the prosecution established the presence of the required elements of illegal possession of dangerous drugs, with Piñera admitting that he was the caretaker of the farm, without submitting proof that the farm is distinct from the warehouse.
Judge Montesa cited the police testimony that it was the caretaker who denied them entry when they tried to inspect the property with the fire marshal.
The police also found in the warehouse receipts indicating goods and items being sold to Piñera as well as a payroll showing payment to him and two other persons.
A review of the records and testimonial evidence also showed that the prosecution was able to prove an unbroken chain of custody over the dangerous drugs recovered from the warehouse, the decision stressed.