Lt. Col. Ferdinand Marcelino, a former official of the Philippine Drug Enforcement Agency (PDEA), and his alleged cohort filed a petition for bail pending preliminary investigation before a Quezon City court on Monday.
Marcelino and his co-accused Yi Shou Yan alias “Randy,” a Chinese, were brought to the Quezon City Regional Trial Court (RTC) Branch 82 for the filing of the motion seeking their temporary liberty.
They were caught during a raid conducted by the Philippine National Police Anti-Illegal Drugs Group (PNP-AIDG) and PDEA in a townhouse in Manila that turned out to be a shabu laboratory on January 19.
The petition was filed by Philip Sigfrid Fortun before Presiding Judge Lyn Ebora-Cacha of RTC Branch 82 on behalf of the petitioners.
The petition said that Marcelino, as an intelligence officer, was getting information on drug syndicates from “Randy,” a former drug informant during the time of Marcelino as chief of PDEA’s Special Enforcement Service (SES.
It indicated that the former PDEA official was in the townhouse where illegal drugs were found to verify information given by “Randy” when the two were arrested by members of PNP-AIDG and PDEA.
Fortun argued that the petitioners should be allowed to post bail pending results of the preliminary investigation being conducted by the Department of Justice (DOJ) to safeguard the petitioners’ constitutional rights.
Fortun said since the two have not been charged yet of any crime in court, they should be allowed to post bail.
Judge Ebora-Cacha gave the prosecutors five days to comment on the petition.
Assistant City Prosecutor Ramoncito Ocampo, however, pointed out that provisions in the Revised Rules of Criminal Procedure as cited by the petitioners are not applicable to their case.
He said the two, who are detained at the Metro Manila District Jail in Taguig City (Metro Manila), should have filed their petition for bail before the court that has jurisdiction over the jail.
Ocampo added they will file an opposition to the petition filed by the petitioners within five days.
Marcelino and Yi will appear at the preliminary investigation at the DOJ on Wednesday.