CA upholds conviction of former Dagupan chief of police in drug case

The Court of Appeals (CA) has upheld the conviction of police officer who was arrested in a raid on a shabu laboratory in La Union province on July 9, 2008.

In a 45-page decision penned by Associate Justice Jhoseph Lopez, the CA Fifteenth Division affirmed the June 5, 2013 ruling of the Regional Trial Court of Bauang, La Union, Branch 67 that found Superintendent Dionisio Borromeo guilty beyond reasonable doubt of violating Section 8, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Law of 2002.

The CA, however, modified the sentence imposed on Borromeo from a life sentence to 12 years and 1 day to 20 years. The convict was also ordered to pay a fine of P500,000.

Borromeo was the chief of police in Dagupan City,Pangasinan when he was arrested.

Aside from Borromeo, the appellate court also affirmed the conviction of his co-respondent SPO1 Joey Abang.

Concurring in the ruling penned by Jusice Lopez were CA Justices Ramon Garcia and Leoncia Dimagiba.

"Borromeo was charged and arraigned under the Amended Information for acting as protector/ coddler under Section 8, Article II of RA No. 9165. Therefore, the corresponding penalty for protectors or coddlers should be imposed upon him," ruled the CA.

Illegal drug charges were originally lodged on July 10, 2008, against Dante Tomas Palaganas and Andy Tangalin, who were the caretakers of the vacant lot that was raided at Barangay Bimmutobot, Naguillan.

The case was later amended on February 18, 2009 to include Borromeo, alleged coddler, and Joselito Artuz alias George Cordero, the alleged financier. They were indicted before the Bauang La Union RTC.

On June 22, 2009, all of the accused pleaded not guilty to the offense charged against them.

Before Artuz was arraigned, then Justice Secretary Raul Gonzalez issued a Resolution dated June 2, 2009 ordering the withdrawal of information filed against him.

Additional charges were ordered filed against Abang, PO1 Rodolfo Damian Jr., PO2 Warlito Banan Jr. and Eusebio Tangalin.

Upon review by Malacañang, Artuz was ordered reinstated in the charges. Meanwhile, Borromeo and Abang were convicted by the lower court, prompting them to elevate the case to the CA.

Palaganas had testified in the trial court that Borromeo ordered him to scout for a lot where they could construct a piggery.

Palaganas said he was later on ordered by Borromeo to monitor the manufacture of shabu in one of the lots acquired.

"Evidently, accused appellant P/Supt. Borromeo may not be merely acting as protector or coddler but may have actually participated in the conspiracy to manufacture shabu in their clandestine laboratory," said the CA.

"Although Palaganas testified in court that unidentified four Chinese nationals were the ones who cooked shabu on four separate occasions, he also testified that Accused-Appellant P/Supt. Borromeo used his influence, power and position to preserve the clandestine nature of the conduct of manufacturing of shabu," the appeals court added.

The CA affirmed that Palaganas wsas not the most guilty among the accused and utilizing him as state witness was valid and legal.

"His role in the conspiracy was a mere caretaker of the clandestine shabu laboratory," said the CA. —NB, GMA News