In the recent joint decision of the Makati City RTC Branch 63 on three separate criminal cases filed as a result of the discovery of the mega shabu laboratory in Palta Small, Virac in 2016, former NBI anti-illegal drugs unit chief Atty. Augusto Eric Isidoro was charged with only one: conspiracy to manufacture dangerous drugs and/or controlled precursors and essential chemicals.
The Court said the prosecution failed to prove the guilt of the lawyer and his co-accused, farm caretaker Lorenzo Piñera II, on this charge.
It cited the Supreme Court’s ruling that to convict an accused, among the two things to be considered is the identification of the accused as perpetrator of the crime, taking into account the credibility of the prosecution witness who made the identification as well as the prosecution’s compliance with legal and constitutional standards.
To support the charge against Isidoro, the prosecution presented surprise witness Ernesto Tabor, who claimed that he was a striker who worked for Isidoro while he was head of the anti-illegal drugs unit. He testified that in the raid on the shabu lab in Camiling, Tarlac, they arrested nine Chinese, three of whom were taken to Virac to make shabu at the Palta Small lab. He likewise pointed to the lawyer as the mastermind.
In ruling that Isidoro cannot be held liable, Judge Jacob Montesa II said there was no independent evidence as to his alleged participation in the conspiracy and noted inconsistencies in Tabor’s oral testimony and sworn affidavit.
One of these was his claim that he (Tabor) met NBI agent Mario Garcia in the last week of November 2014 and became his striker.
During trial, Tabor said he served as Garcia’s striker for months and, on cross examination, changed this to a month.
In court, the NBI agent denied having known Tabor and said that in November 2014, he was already reassigned to Laoag City.
The witness’ claim that he participated in the rescue of a Japanese national in Pangasinan in 2014 was belied by a Google search that showed the rescue occurred in October 2010.
The Court likewise pointed out that his being a striker of Isidoro or Garcia was never mentioned in his affidavit.
Another claim junked by the Court was his story that from January to April 2015, he and businessman Larry Que would deliver food to the Chinese nationals at the Sabang, Palnab resort of Isidoro and bring them to the shabu lab construction site, when in fact Tabor was detained during the same period for illegal drugs and illegal firearms charges, although these were later dismissed.
Credit to Isidoro’s successful legal defense goes to his counsel and fellow Viracnon, Atty. Ma. Theresa Balagtas-Gupo, who has successfully overturned several cases of illegal drugs before the Court of Appeals.
On the other hand, Piñera was initially represented by a private lawyer, who later withdrew for health reasons and was replaced by someone from the Public Attorney’s Office who was eventually replaced by Atty. Christian Poulex Sulit.
As it would be difficult for the PAO to handle Piñera’s appeal, considering that the case has accumulated a roomful of documents, Atty. Balagtas-Gupo has reportedly offered assistance in mounting the caretaker’s arguments before the appeals court.
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CONTINGENCY FEE. A client asked his lawyer what he would charge for taking on his case.
After pondering the merits and problems of the case, the lawyer replied that he would take the case on a contingency fee.
“What’s a contingency fee?” the client asked.
“A contingency fee means that If I don’t win your suit, I don’t get anything. And if I do win your suit, you don’t get anything.”
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