Makati police who detained 3 lawyers may be charged with arbitrary detention —Gordon

The Makati police officers who filed, detained and charged three lawyers for "obstruction of justice" and "constructive possession" of dangerous drugs may also be sued for arbitrary detention, Senator Richard Gordon said on Sunday.

In an interview with Super Radyo dzBB, Gordon, a lawyer himself and chair of the Senate Committee on Justice and Human Rights, expressed his vehement opposition to the act of the Makati police officers.

"Maling-mali. Alam ng mga police 'yun. Abogado 'yung mga 'yun e. They're officers of the court. At ang abogado, tungkulin niya na bantayan ang kliyente niya. Pero hindi siya mag-o-obstruct," he said.

"Abogado sila e. Kaya talaga ini-stretch na lang ng pulis ang kanilang ginagawa. Maaaring makasuhan 'yung mga pulis diyan ng arbitrary detention," he added.

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.

A total of 31 employees of the bar were arrested during a police raid last weekend for allegedly supplying and distributing illegal drugs. One hundred twenty-five people were also rounded up.

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

But Gordon said there was no obstruction of justice in the act of the lawyers.

"Wala namang obstruction na magtanong ka o sumabay ka, kunan mo ng litratro habang kunikuhanan ng ebidensya. Kasama naman 'yun sa chain of custody," he said.

Gordon explained that obstruction of justice is only committed when a person blocks the recovery or retrieval of an evidence.

The senator also said the police had to file charges for "constructive possession" of dangerous drugs against the lawyers only to justify their extended detention.

"Dahil napasubo na 'yung pulis. Dahil kung obstruction of justice, within 18 hours dapat nilabas na nila," Gordon said.

He said it is also impossible for the lawyers to have committed "constructive possession" of dangerous drugs, which only exists when "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," according to the Supreme Court.

"Tatlong abogado na musmos pa, paano sila magkakaroon ng dominion?" he asked.

Gordon said the Makati police should be able to prove the charges they filed.

"Deprivation of liberty 'yun e. Violation of Bill of Rights 'yan. So dapat magpaliwanag 'yung pulis kung ano ginawa nila. At dapat i-prove muna nila 'yung kaso nila na talagang may constructive possession," he said.

"Dapat mahimasmasan ang mga pulis na ito. They are going overboard. Dapat 'yung karapatan ng tao ay pangalagaan ng abogado 'yan pero hindi naman haharangin ng abogado [ang ebidensya]," he added. —Erwin Colcol/KG, GMA News