BY MERIANNE GRACE EREÑETA
ILOILO City – Recent pronouncements of President Rodrigo Duterte may have emboldened the Philippine Drug Enforcement Agency (PDEA) Region 6 to run after the lawyer of the children of slain suspected drug lord Melvin Odicta Sr.
Yesterday, PDEA charged Atty. Marbhen Lumbo before the City Prosecutor’s Office of obstruction of justice (violation of Presidential Decree 1829).
It also accused Lumbo of being a drug protector.
During a speech in Malacañang Wednesday last week, Duterte said lawyers help drug suspects take advantage of the judicial process to continue with their illegal activities.
“Protector siya (Lumbo) in the sense that he exceeded his role as a lawyer. He also acted as prosecutor and judge since siya nag decide what evidence to seize and the suspects to be arrested,” explained PDEA deputy regional director Levi Ortiz yesterday.
He was referring to PDEA’s raid of the residence of slain suspected drug lord Melvin Odicta Sr. on Dec. 8. Lumbo questioned some of the items that PDEA operatives confiscated.
President Duterte warned that the lawyers of drug suspects may be the next targets in his war against drug trafficking.
“Even their lawyers, I will include them,” he said on Dec. 7, a day before PDEA raided the Odicta residence in Barangay Malipayon, City Proper.
PDEA, indeed, also accused Lumbo of violating the last paragraph of Section 6 of Republic Act 9165 (Comprehensive Dangerous Drug Act of 2002).
That paragraph read: “The penalty 12 years and one day to 20 years of imprisonment and a fine ranging from P100 thousand to P500 thousand shall be imposed upon any person who acts as a ‘protector/coddler’ of any violator of the provisions under this Section.”
“Atty. Lumbo knew his limitations but he purposely exceeded them because he is protecting or coddling the suspects,” said Ortiz.
PDEA operatives seized from the Odicta residence 19 sachets of shabu, P300 thousand cash, a .40 pistol with ammunitions, a grenade, a shotgun, a .22 revolver, a handheld radio, bank checks, and a joint passbook.
“Their search warrant included drugs and firearms, nga-a hasta iban nga wala nabutang sa search warrant ginpangdala nila? Amo lang na gina-question ko sa ila but they arrested and handcuffed me. I did not obstruct their search operation,” said Lumbo.
Ortiz, however, said Lumbo should not decide for himself what evidences PDEA operatives should confiscate.
He also claimed Lumbo threatened PDEA operatives.
“The right thing for him to do was to record our supposed irregularities and present these in the proper forum which is the court or office of the prosecutor,” Ortiz said. “He cannot act as judge and prosecutor at the same time.”
‘CHILLING EFFECT’
The Integrated Bar of the Philippines (IBP), a mandatory organization for lawyers, described as “very dangerous” the President’s statements against the lawyers of drug suspects.
“Lawyers must be free to decide to accept and undertake the defense in any kind of criminal case without any fear that doing so will place them in any kind of danger,” IBP stressed in a statement.
The IBP said Duterte’s recent statement had an unavoidable “chilling effect” on lawyers handling drug-related cases.”
It added: “Competent legal representation is not only the right of every accused but, more importantly, the sworn duty of each and every member of the bar to provide.”
The subject of last week’s PDEA raid was Melvin Odicta Jr., son of the slain suspected drug lord.
But two other brothers of Melvin Jr. were arrested, too – Michael, 32, and Darryl, 29.
Odicta household employees Alexander Yparosa, Paul Flores, Rio Pineda, and Rocky Odicta were also arrested.
IBP reminded Duterte, a lawyer, that it is the right of every accused to get legal help “no matter crime he may be charged with.”
The group said this right is “not only enshrined in the Constitution but is premised upon the fundamental principles of justice and fairness, particularly in a situation where the accused is faced with the awesome resources of the State.”
On Dec. 10, PDEA charged the Odicta brothers with maintaining a drug den and conspiracy to trade illegal drugs.
The four others were charged with working in the supposed drug den.
IBP-Western Visayas region expressed alarm over PDEA’s treatment of Lumbo.
“It is a lawyer’s sworn duty, as an officer of the Court, to employ all available legal remedies to protect the interests of his client regardless of his personal opinion as to the latter’s guilt or innocence,” stressed Atty. Abdiel Dan Elijah Fajardo, governor of IBP-Western Visayas.
He said a lawyer acting within the bounds of the law is “an essential cog in the administration of justice” and must be allowed to exercise his profession free from fear of physical harm or restraint upon his person.
“An empowering sense of personal security among lawyers is a core component of the rule of law. If at all, Atty. Lumbo must be lauded for insisting, in the face of overwhelming force, that Constitutional safeguards be strictly observed in the service of a search warrant against his client,” stressed Fajardo./PN
