The day after

It was indeed a very busy day when boratong was convicted.  The boratong case was a national issue. The press was all over it but the people of Pasig were more intimate to it than anyone else. It happened in our community and we are quite sad and shocked that something like that can happen. Well, at least we had our share of justice thanks to the efforts of our law enforcement, prosecutors, justice department, and of course judge borreta. Judge borreta has courageously, fearlessly and justly gave his decision not only from the merit of the case but with his untainted honor.  There were bribes, there were threats but justice always prevails.

We are proud of you Judge Borreta

Interesting facts

The Shackles Of Shabu (Meth) As Part Of Its Asia Series, People & Power Investigates The Use Of Shabu — A Pure And Potent Form Of Amphetamine — In The Philippines.

Filmmaker Martin Butler travelled to the Philippines to investigate the impact the drug is having on communities there. He visited shabu dens in some of the country’s poorest slums and spoke to those who use it and deal in it as well as those fighting a losing battle to stamp it out.

One of the fastest growing drug problems in the world is with ‘ice’ or crystal meth. It is known as shabu in the Philippines where official estimates suggest that about seven million people — almost 10 per cent of the population — use the drug.

A deal of shabu costs about $3.

Once confined to the urban middle class, it is now the drug of choice in the country’s desperately poor slums and suburbs. Users go to shabu dens where they smoke the drug, although it can also be injected, snorted or dissolved in water. They stay at the dens all night playing on illegal gambling machines.

The drug keeps users awake and, as it is often taken at night, that can impact on work or school the next day unless more is taken. It is a pattern that encourages addiction and health authorities are concerned about the long-term repercussions of the explosion in use.

Life Sentence

More than 60 per cent of the world’s consumption of crystal meth is in Asia and much of that supply is made by Chinese drug lords operating from the Philippines.

Police there are starting to discover industrial-style labs capable of producing a tonne or more of the drug each day. That equates to about 10 million hits a day.

Shabu can be made easily and cheaply from ephedrine, which is used in legitimate drugs such as cough medicine.

The scale of the trade and the depth of corruption it causes is best illustrated by the case of Ronnie Mitra. He was the mayor of Quezon province when he was arrested in 2001 for trafficking more than 500k of shabu. Last August he was sentenced to life imprisonment.

The shabu crisis is rapidly filling the country’s prisons. There is a mandatory life sentence for selling even the smallest quantity of the drug. Holding cells are full of young men and women brought in for selling just a few dollars worth.

With a mandatory no bail policy and life in prison, if convicted, the impact on families and communities is huge.

Marybeth Basura was sentenced to life two years ago for selling $70 of shabu. She has an 11-year-old son.

Looking around her cramped cell she explains that most of the other women in there are also serving life sentences for selling shabu.

She says: “My mother said that he [Marybeth's son] joined other kids in collecting scrap metal to raise money for my bail. He didn’t realise that I’d already been sentenced to life.

“It’s rather sad isn’t it? He didn’t know.”

When asked what she dreamt of for her future before she was imprisoned, Marybeth says: “It seems too late for that. Really it’s too late.

“Life sentence, it seems like it’s forever.”

Marybeth is languishing in jail essentially because she is poor and powerless. If you are rich and into shabu you do have other options.

Fer was addicted to shabu for 26 years, but managed to stay out of prison. His family forced him into rehabilitation two years ago.

He is now a counsellor at Penuel House — a new rehabilitation centre in a well-to-do suburb of the capital, Manila.

He paints a frightening picture of the extent of shabu use among the middle class.

“I was working in a bank, I had a career, had money, I had friends, but still it ruined me.

“In every sector of life, in business, in casinos, airline companies. Everywhere where someone could afford shabu, in a group of 10 there will be three or four who are using.”

At one of his counselling meetings he tells the group: “If only I had listened to my dad. I used to rebel against my father, always to question what he was saying. Perhaps that’s one of the reasons I became drug dependent.”

Miguel Perez-Rubio is a consultant to the health department and one of the country’s leading experts on illicit drugs.

He says: “I would call it an epidemic, that for example really worries the health department, very much.

“This causes a lot of problems for young people especially, but is also a problem in society because it produces all the other effects of social breakdown.

“There is corruption, it encourages more corruption. It encourages also violence.

“[It is] a very profitable business to be involved in — the making and pushing of drugs, any kind of drugs….

“One of the most depressing things is the growth of shabu use in the poorest areas, in the slums.

“Poverty brings about despair, problems in families, break up of families. So they take recourse in drugs.

“They could get a certain amount of pleasure to do away with real life, which is not a pleasurable type of life. It’s a life full of sacrifices, a life of a tremendous amount of suffering and that brings them out of it.

“To make one kilo of shabu costs about 2,000 pesos and you’re able to sell a gram for three to five or 6,000 pesos. It’s a lot of money, no business would give that.

“What can you do with that amount of money? You can bribe easily, you can just get away with anything.”

The philippine justice system brief

BRIEF BACKGROUND

The Constitution

The Constitution of the Philippines ordains that judicial power shall be vested in one Supreme Court and such lower courts as may be established by law. [Section 1, Art. VIII, 1987 Constitution).

The Law

Under Philippine laws [Judiciary Reorganization Act of 1980 (Batas Pambansa Bilang 129) which took effect on January 18, 1983 and other laws] the Philippine judicial system consists of the following courts:

Lower Courts

I. Municipal Trial Courts and Municipal Circuit Trial Courts
Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers two or more municipalities.

II. Metropolitan Trial Courts and Municipal Trial Courts in Cities

Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from the other political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts.

In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts in Cities.

III. Regional Trial Courts

Regional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.

IV. Shari’a Courts

Equivalent to the Regional Trial Courts in rank are the Shari’a District Courts which were established in certain specified provinces in Mindanao where the Muslim Code on Personal Laws is being enforced.

Equivalent to the Municipal Circuit Trial Courts are the Shari’a Circuit Courts which were established in certain municipalities in Mindanao.

There are five Shari’a District Courts and fifty one Shari’a Circuit Courts in existence.

V. Court of Tax Appeals

A special court, the Court of Tax Appeals, composed of a Presiding Judge and two Associate Judges, is vested with the exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs on certain specific issues.

VI. Sandiganbayan

A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and other crimes or felonies committed by public officials and employees in relation to their office, including those employees in government-owned or controlled corporations.

VII. Court of Appeals

The Court of Appeals, composed of one Presiding Justice and sixty eight Associate Justices is vested with jurisdiction over appeals from the decisions of the Regional Trial Courts and certain quasi-judicial agencies, boards or commissions.

The Highest Court – Supreme Court

The Supreme Court is the highest Court in the Philippines. There is only one Supreme Court composed of one Chief Justice and fourteen Associate Justices. It is the final arbiter of any and all judicial issues. When so deciding, it may sit en banc or in divisions of three, five or seven members.

GMANews.TV – Saksi: Boratong, wife found guilty in ‘shabu tiangge’ case – Video – Official Website of GMA News and Public Affairs – Latest Philippine News

GMANews.TV – Saksi: Boratong, wife found guilty in ‘shabu tiangge’ case – Video – Official Website of GMA News and Public Affairs – Latest Philippine News

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PGMA lauds DOJ for conviction of shabu “Tiangge” maintainers

President Gloria Macapagal-Arroyo has lauded the five female prosecutors of the Department of Justice (DOJ) for the conviction of Pasig City Shabu “Tiangge” operator Amin Imam Boratong and his wife Sheryl Molera Boratong.

“Congratulations to the DOJ and the prosecutors, dapat headline ito,” the President said in a cellphone conversation with Justice Secretary Agnes Devanadera following the guilty verdict rendered by the Pasig Regional Trial Court on the Boratong couple.

Devanadera was commending at that time the five prosecutors, namely, Amor Robles, Marlette Balagtas, Anjanette Ortile, Eden Wakay-Valdez, and Elizabeth Berdal for their perseverance and determination in pursuing the case despite the threats on their lives.

Devanadera acknowledged the vital role of the media, the Philippine National Police AIDSOF, the National Bureau of Investigation and the community for their support and continued vigilance against illegal drugs.

Judge Abraham Borreta of the Pasig Regional Trial Court’s Branch 154 found the Boratong couple guilty beyond reasonable doubt of jointly running the shabu “tiangge” in the Mapayapa Compound on F. Soriano Street, Pasig City. Each of them was sentenced to suffer the penalty of life imprisonment for violating Section 6 of Republic Act No. 9165 (Dangerous Drugs Act).

The Court also meted another life imprisonment to Sheryl Boratong for violation of Sec. 11 (possession of dangerous drugs). She was ordered to pay a fine of P1 -million while accused Imam Boratong was meted to pay a fine of P10-million. It also set a hearing on Aug. 20 relative to the confiscation/forfeiture of the properties of the couple covered by the Anti-Money Laundering Council.

Meanwhile, Judge Borreta immediately ordered the turn-over of the illegal substance to the Philippine Drugs Enforcement Agency (PDEA) for proper action and disposition and the transfer of the couple to the national penitentiary in Muntinlupa City and to the Correctional Institute for Women.(PND)

Incomplete victory

Editorial Desk Philippine Daily Inquirer Publication Date: 11-07-2009

The war is far from won, but the government scored its biggest victory against drug trafficking when the Pasig Regional Trial Court sentenced to life imprisonment Amin Imam Boratong, the most notorious drug lord since Jose “Don Pepe” Oyson was killed in March 1990. On Wednesday, Judge Abraham B. Borreta found Boratong and his wife Sheryl guilty of maintaining the “shabu tiangge” in Pasig City which the police estimated to have netted more than P900 million in profits in just one year. In what the Philippine National Police described as the largest anti-drug operation ever, 150 policemen and agents from the Anti-Illegal Drugs Special Operations Task Force, the Philippine Drug Enforcement Agency and the Special Action Force raided the 2,000-sq m shantytown on Feb. 10, 2006 and arrested 300 people, including 50 women and children. The raiding team found drug paraphernalia, packs of shabu (methamphetamine hydrochloride) powder and plastic bags filled with peso bills and coins in almost all of the 40 shanties inside the compound. Boratong and his wife were not caught during the raid; they were arrested by NBI operatives nine months later, on Nov. 21, 2006, in Makati. He was using the name Johnny Dizon and had his looks altered to avoid arrest. In February and May last year, Borreta handed down various prison terms to 82 persons arrested during the raid, including three operators of the drug dens who were given life terms. Boratong and his wife, however, almost got away scot-free, courtesy of then Justice Secretary Raul Gonzalez. In one of his most bizarre issuances, Gonzalez ordered government prosecutors to “move for the suspension of proceedings” against the Boratongs in the Pasig Regional Trial Court. The order was issued on Nov. 30, 2006, the same day Boratong’s other wife Memie submitted a petition for review of the case. One month later, Gonzalez informed the government’s key witness, Samer Palao, that he had been removed from the Witness Protection Program. Palao, Boratong’s brother-in-law, claimed he was a trusted aide of the drug lord and provided details about the drug syndicate’s operations, including the places where they were selling drugs and where the money was deposited. But Gonzalez said that Palao appeared to be “more guilty” than Boratong and accused the police of coddling him. He dismissed Palao as a “convicted criminal” and “not a credible witness.” The police opposed Gonzalez’s moves, but limited their protest to issuing statements that were not for attribution. It was the prosecutors – five women: Anjanette Ortile, Amor Robles, Elizabeth Berdal, Eden Wakay-Valdez and Marlet Balagtas – who responded by doing the heroic thing: they simply ignored their boss and defied his order and went on with the job of prosecuting Boratong. And Borreta completed the shaming of Gonzalez by anchoring his verdict on Palao’s testimony, which he described as “straightforward, clear, convincing and credible.” All of them—the police, the prosecutors and the judge—should take a bow. The nation, which has long suffered the scourge of drugs and the ignominy of being identified by the United Nations as the third largest source of shabu, owes them a special gift of gratitude. But even as justice has won a great victory, it seems to be incomplete. Where are the protectors who made it possible for the syndicate to operate within a stone’s throw from the headquarters of the PNP Eastern Police District? Where are the local officials who conveniently looked the other way as the shabu flea market flourished within sniffing distance of city hall? Palao mentioned some names in the PNP. He talked of payoffs to NBI agents. If he can be persuaded to talk, Boratong should be able to name more names. And the authorities apparently know this, or else why would they mount such tight security arrangements at the promulgation of his sentence – a 24-vehicle convoy, a 200-member security detail and even snipers around the court premises? Despite the conviction of Boratong, the case should not be closed. There are others who have to be haled to court, preferably the fearless Borreta’s.

Fair and just

MANILA, Philippines — Amin Imam Boratong’s conviction Thursday quieted down rumors that swirled earlier alleging that money was being offered to obtain the acquittal of the accused.

A day before the promulgation of the drug case against Boratong, talk was rife that Abraham Borreta, presiding judge of Branch 154 of the Pasig Regional Trial Court, was offered P20 million in exchange for the acquittal of Boratong.

Even Boratong slammed such reports Thursday, saying the mind of the public was being conditioned to believe that bribery was involved should he be exonerated.

“Why are they making the public think that money passed hands if ever I’m acquitted,” Boratong told reporters immediately following the promulgation of his drug case in Pasig.

Borreta addressed the issue squarely, saying in an interview Thursday that his verdict against Boratong should dispel rumors of a bribery.

“I would like to disabuse their mind of any doubt about my impartiality. [The decision] should dispel all those rumors,” Borreta replied when asked about allegations that P20 million was offered to him to acquit Boratong.

Borreta, however, said that several people acting as emissaries of Boratong had indeed approached him in an attempt to seek a favorable ruling.

He said his office door was always open and several people who knew him sometimes would stop by to say “Hi” and in the process mention Boratong’s case.

“Then they’ll say ‘Judge, maybe you can look into Boratong’s case.’ And then I’ll tell them ‘You know, don’t think about that anymore because Boratong’s case will be decided on the merits. If his case is strong then he will be acquitted,”’ he said.

Borreta said the amount of the offer ranged from P10 million to about P50 million.

The judge said that he warned Boratong in open court that he had been hearing rumors implicating him in bribery attempts.

“Mr. Boratong, I’ve been hearing news that I have been paid by you. I will tell you I have not received nor asked a cent from you. Tell your emissaries to stop their attempts because they are just wasting your money,” Borreta said, recalling what he told the accused.

Drug lord at live-in partner nito, hinatulan ng life imprisonment

“Guilty beyond reasonable doubt!”… Ito ang naging hatol ni Pasig City Regional Trial Court Branch 154 Judge Abraham Borreta sa drug operator na si Amin Imam Boratong at sa live-in partner nito na si Sheryl Molera. Ayon sa ibinabang 50-pahinang desisyon ni Borreta, nararapat lamang na hatulan ng life imprisonment ang dalawa dahil may ‘probable cause’ siyang nakikita sa paglabag sa Section 6 ng Republic Act 9165 o Dangerous Drugs Act. Pinagmumulta din nito ng dalawang milyon si Molera habang sampung milyon naman si Boratong. Giit ni Boreta, ibinatay niya ang desisyon sa merito ng kaso kung kaya’t dapat umano itong respetuhin. Ibinunyag din ni Judge Borreta na merong emisaryo mula sa kampo ni Boratong ang nagtangka siyang suhulan para impluwensyahan ang kanyang hatol sa kaso. Magugunitang nito lamang Hunyo 9, limang malalaking plastic bag ng pinaghihinalaang shabu ang narekober ng Philippine Drug Enforcement Agency (PDEA) sa bahay ni Boratong.

63 AKUSADO SA SHABU TIANGGE, HINATULAN

Dalawa ang hinatulan ng habambuhay na pagka­bilanggo at 61 katao pa ang pinatawan ng pagkakulong mula sa mahi­git 200 naaresto sa tinaguriang shabu tiangge sa Pasig City noong 2006.

Sa 87-pahinang desis­yon ni Judge Abraham Borreta ng Pasig City Regio­nal Trial Court, hina­tulan ng habambuhay na pagkabilanggo bukod pa sa pagmumulta ng tig-P1 mil­yon ang mga akusadong sina Rosalino Babao at Ramil Garcia.
Halos tatlong oras ang itinagal ng pagbasa ng desisyon ng korte na bandang alas-singko na kahapon ng hapon ng matapos.

Sa naging hatol, 37 sa mga akusado ang hinatulang makulong hanggang 14 na taon at pinagmulta ng tig-P100,000 dahil sa Section 6 ng Republic Act 9165 o Comprehensive Dangerous Drugs Act (visiting a drug den).

Anim sa mga akusado ang napatunayang guilty sa kasong possession of illegal drugs at hinatulang makulong ng hanggang 20 taon at pinagmulta ng tig-P400,000.

Tatlo naman ang hina­tulang mabilanggo ng hanggang tatlong taon sa kasong possession of drug paraphernalia at pinagmulta ng tig-P10,000.

May 37 iba pang akusado ang inatasang sumailalim sa drug rehabilitation sa loob ng isang taon makaraang mag-posi­tibo sa paggamit ng ilegal na droga.
Ang kabuuang bilang ng mga hinatulan kahapon ay 63 mga akusado sa shabu tiangge na sinalakay ng mga awtoridad noong 2006.

Target naman ngayon ng manhunt operation ang iba pang kasamahan ng mga naarestong suspek.

Sinalakay ng mga awtoridad ang shabu tiangge sa Mapayapa Compound sa Bgy. Sto. Tomas, Pasig City noong Pebrero 10, 2006.

Kabilang sa mga naaresto sa pagsalakay ang mag-asawang Amin Imam Boratong at Sheryl na umano’y maintainer at may-ari ng shabu tiangge. Kasalukuyan pang nililitis ang kasong isinampa laban sa mag-asawa sa sala ni Judge Borreta.

Drug offenders get 20-year jail term

sala of branch 154sala of branch 154 rtc pasig

Four drug users were meted out 20 years imprisonment for engaging in a pot session three years ago in Pasig City.

In a three-page decision, Judge Abraham Borreta, of Pasig City Regional Trial Court Branch 154, also ordered the accused Erwin Castumbas, Roldan Cruz, Erwin Begonio, and Elpidio Turlao to pay P400,000 each as penalty for their offenses.

The promulgation of the sentences was made in absentia since the four jumped bail while their case was being heard.

“In the light of the evidence adduced by the prosecution which was not controverted, disputed or refuted by the accused in view of their failure to appear at the hearings of the instant case despite notice to them, the court has to hand down a verdict of conviction,” Borreta said.

Court records showed, the four accused were arrested on Feb. 13, 2004 after operatives of the Pasig police received information that a group of men were having a pot session at the corner of Baltazar and Villa Monic Streets, Barangay Palatiw.

Investigation showed Castumbas, Cruz, Begonio and Turlao were caught in the act of sniffing marijuana.

During trial, the four failed to present any evidence in their defense to charges of using prohibited substances.

The prosecution presented as witnesses the policemen who staged the bust leading to the arrest of the suspects.

Last June 28, a shootout occurred during a raid of the Mapayapa compound, the site of the so-called “shabu supermarket” near city hall that was raided on Feb. 10 last year.

“Some syndicates want to revive the drug trade. It was good that some residents were vigilant,” said Chief Supt. Luizo Ticson, Eastern Police District director.

The place has been identified with suspected drug lord Amim Imam Boratong who, along with his mistress Sheryl Morela, were arrested in Makati City November last year and are now detained by the National Bureau of Investigation.

Long perceived as untouchable, the compound, located near a police precinct, was first raided in early 2006 by operatives of Anti-Illegal Drugs Special Operations Task Force based in Camp Crame, following reports that Boratong had earned more than P900 million in the drug trade since 2003.

Boratong and Morela face drug trafficking charges in the sala of Borreta. Gigi Muñoz David

Isinakripisyo

Matapos ang hatol, ililipat kaagad si Boratong sa New Bilibid Prison sa Muntinglupa mula sa kostudiya ng National Bureau of Investigation (NBI). Sa Correctional Institution for Women (CIW) naman sa Mandaluyong City dadalhin si Molera.

Sinabi ng abogado ng mag-asawang Boratong na maghahain sila ng motion for reconsideration sa naging desisyon ni Borreta.

Tahimik na umiiyak si Molera nang marinig na ang desisyon ng korte, habang kalmado naman si Boratong.

“Puro imbento, puro gimik,” pahayag ni Boratong matapos na ibaba ang hatol. Iginiit nito na ang kanyang kapatid na si Palo ang tunay na namamahala sa nadiskubreng shabu tiangge.

“Mapagtakpan lang niya yung ginawa niya, sinakripisyo niya ako…sana makarma siya sa ginawa niya sa akin,” idinagdag ni Boratong.

Tagumpay

Ipinagbunyi ni Sotto ang desisyon ni Borreta na malaking tagumpay umano sa kampanya ng pamahalaan laban sa ilegal na droga.

Kabilang ang Pilipinas sa mga bansa na tinukoy sa ulat ng United Nation’s Office on Drug and Crime na ginagamit na major transshipment point ng shabu.

“This [decision] sends a strong message that the three pillars of enforcement prosecution and judiciary are working together to hit the drug peddlers with its full force,” ayon kay Sotto.

“This just proves that in the end justice will prevail,” idinagdag naman ni Dionisio Santiago, pinuno ng Philippine Drug Enforcement Agency.

Sinabi ni Santiago na “kumpleto” sa elemento ng isang mabigat na kaso ng ilegal na droga ang usapin kay Boratong na may kasamang “pananakot” at “pera.”

“Hindi lahat kaya ng pera e,” ayon kay Santiago kasabay ng pahayag na hindi nasayang ang kanilang pagsisikap sa kaso ni Boratong.

Masaya rin umano ang pamunuan ng NBI sa kinalabasan ng kaso ni Boratong.

“Their conviction is a resounding victory in the fight against illegal trafficking of drugs and we are happy that we are instrumental in making it possible,” ayon kay NBI deputy director for intelligence services Ruel Lasala, pinuno ng Anti-Illegal Drugs Task Force-NBI.

Sa hiwalay na ulat ng GMA news 24 Oras, inamin ni Borreta na may mga taong nagtangkang kumausap sa kanya tungkol sa kaso ni Boratong. Ngunit iginiit niya na ang kanyang desisyon ay batay lahat sa ipinakitang ebidensiya at testimonya. – GMANews.TV