MANILA, Philippines — The Manila City Regional Trial Court Branch 35 has ordered the transfer of former Customs Intelligence Officer Jimmy Guban from the National Bureau of Investigation (NBI) to the Manila City Jail.
In a four-page order dated May 8, 2019, Manila Court Judge Maria Bernardita Santos denied Guban’s motion to stay at the NBI.
Guban is one of the accused in the smuggling of billions worth of shabu (crystal meth) through magnetic lifters. He was previously under “voluntary confinement” as a witness in a Senate probe but was later transferred to the NBI detention facility.
“An accused cannot decide on the place where he should serve his preventive imprisonment, otherwise to allow each and every arrested person to make a choice would result in confusion and disorder,” the court’s order read.
“There would be [a] mess in the criminal justice system,” the court added.
Guban, former police official Eduardo Acierto, and six others were indicted for violation of the Comprehensive Dangerous Drugs Act of 2002 and a warrant was issued for their arrest.
READ: Acierto, ex-PDEA officer, others indicted over shabu in magnetic lifters
Before the Manila court issued the commitment order, Guban filed a motion asking the court to allow him to stay at the NBI, citing threats to his life. He said he fears that the City Jail could not provide adequate security to ensure his safety.
He added that a police officer implicated in the Senate investigation, retired Major Lito Pirote, was abducted last month and has been missing ever since.
The prosecution has opposed Guban’s motion.
The court, in denying Guban’s request, said he failed to provide evidence that the city jail is ill-equipped to provide him with proper security. Also, the court did not buy the argument that what happened to Pirote has a connection to his case.
The court ordered the NBI to transfer Guban to the Manila City Jail immediately and submit before the court proof of compliance. (Editor: Eden E. Estopace)