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Makati cops file drug possession raps vs. lawyers nabbed at bar


Makati police officers have filed charges for "constructive possession" of dangerous drugs against the three lawyers they arrested at an earlier raided local bar and detained.

Apart from the initially known charges for obstruction of justice, resistance and disobedience to authorities and flouting a city ordinance against crossing police line, the Makati Police Station alleged the lawyers violated Section 11 of Article 2 of the Comprehensive Dangerous Drugs Act.

This provision refers to "possession of dangerous drugs," but the police qualify their accusation as "constructive possession," which the Supreme Court (SC) says exists "when the drug is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found."

"Exclusive possession or control is not necessary," the SC held in its 2004 decision in People vs. Tira.

Lawyers Lenie Rocel Rocha, Jan Vincent Soliven, and Romulo Bernard Alarkon were arrested Thursday afternoon at the Time in Manila bar in Barangay Poblacion, Makati City.

The Southern Police District said the three, who purportedly claimed to be lawyers of one of the bar's owners, entered the premises during the later implementation of a search warrant, "took several picture and videos of the scene" and "intimidated the members of the searching team without proper and prior coordination."

A police raid at the bar over the weekend led to the arrest of 31 employees - for allegedly supplying and distributing illegal drugs - and the rounding up of 125 people. 

Allegedly recovered from the bar were a few pieces of alleged ecstasy tablets, several plastic sachets of alleged cocaine and shabu, and drug paraphernalia. 

The complaint against the lawyers were filed through Police Inspector Jeson Vigilla and Police Officer 3 R'Man Galit, PO1 Manuel Gutierrez, assigned at the Station Drug Enforcement Unit of the Makati Police Station.

Senior Assistant City Prosecutor Romel Odronia of the Makati City Prosescutor's Office, who is handling the charges, said the office is resolving the complaint "with dispatch."

The three lawyers' attorney did not entertain a request for comment. — RSJ, GMA News

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