Detained Lieutenant Colonel Ferdinand Marcelino. INQUIRER PHOTO
DETAINED Lieutenant Colonel Ferdinand Marcelino will go on a hunger strike to protest his arrest as he attributes his detention to his personal animosity with Philippine Drug Enforcement Agency (PDEA) Director General Arturo Cacdac.
“I will go on hunger strike until I regain my freedom,” Marcelino said as he raised his hands in handcuffs.
In his eight-page counter-affidavit submitted to Deputy State Prosecutor Theodore Villanueva, Marcelino said there was no basis to file a complaint for violation of the Comprehensive Dangerous Drugs Act against him.
He said his presence at a house on Felix Huertas Street in Manila was merely passive.
Marcelino said he was not doing anything illegal when he was arrested. He said he was at the door entrance when operatives of PDEA and the Anti-Illegal Drugs Group (AIDG) stormed in the area.
“As an officer of the military, I enjoy the presumption of regularity in the performance of duty in assisting government agencies. Complainant cannot presume by reason of my passive presence in the searched premises that I committed the crimes I have been charged with,” he said in his affidavit.
“It must fully establish with evidence of my overt acts that I manufactured, conspired in the manufacturing or was in possession of the illegal drugs allegedly seized,” Marcelino said.
During the raid, he said one of the armed persons recognized him and he was asked to stand up.
“I then stood up and went outside the unit and explained to the leader of the PNP-AIDG search team Director Ismael Fajardo that I myself was conducting a personal verification of the information I received from Randy (his co-respondent Yan Yi Shuo). From that point, I was treated normally, according proper credence to my disclosure about the purpose of my presence thereat,” Marcelino said.
However, Marcelino said when Cacdac arrived “he approached and ordered his men to arrest me but no one followed him. In my utter disbelief, I explained to Director Cacdac that I was conducting a verification and that I even coordinated with PDEA Director Pedroso about it. Director Cacdac refused to listen to me and said ‘sino pa ang gusto mong idamay dito.’”
Marcelino said Cacdac has been “historically irate” at his continued involvement in the anti-drug campaign in the government.
“His animosity towards me is known in the PDEA. I have been informed of his verbal tirades against me, one of which I recall, when I was in Hong Kong attending a court hearing. As part of the requirements, I requested PDEA for a certification that I have no case pending. It reached me that Director Cacdac said that ‘bakit ba hindi na lang manghuli ng Abu Sayyaf iyan sa Basilan. Bakit ba nakikialam pa yan sa drugs’.”
“I could not understand how he can be harsh on me despite all my contributions and sacrifices to help fight powerful drug syndicates,” said Marcelino.
Meanwhile, Marcelino’s lawyer Atty. Dennis Manalo said his client’s decision to go on a hunger strike was due to his disappointment on how he was treated by the government.
“He has been presented to the media as a drug maker, conspirator to a drug maker…Para sa kanya napaka laking kahihiyan yan and as a sign of protest he told me he would go on a hunger strike until he regains his liberty and resumes his battle against demons involved in illegal drug proliferation,” Manalo told reporters.
Meanwhile, Anti-Illegal Drugs Group legal and Investigation Division chief Roque Merdeguia dismissed allegations of hostility between Marcelino and Cacdac.
“In fairness to Director Cacdac, di niya kaagad pinag-utos na arestuhin si Marcelino. Hiniling muna niya kay Marcelino na i-submit yung co-plan. On the part of Marcelino, hindi niya na-justify yung kanyang presence doon kaya natural lamang sa PNP AIDG (Philippine National Police – Anti-Illegal Drugs Group) na i-arrest sya,” Merdeguia said.
Merdeguia said if only Marcelino could present the Coplan (Case Operation Plan), the case against him will be dismissed.
“Unfortunately, now, wala pa,” he said.
But Manalo said Coplan is a confidential document.
“It is impossible to get a Coplan out of an intelligence unit or division because Coplan contains the names of the people, witnesses, budget, undercover agents who would be subject of this investigation. Kapag ito ay inilabas, you are practically informing the entire gang of drug syndicates na ito ang pamamaraan ng gobyerno. Hindi pwede mangyari yun and Col. Marcelino understands that there is a bigger and more important consideration that is at stake here and that is the drug enforcement program of the country,” Manalo said.