Complaints vs. 173 arrested for illegal gambling dismissed
PROSECUTORS junked the complaints filed by the police against 173 persons arrested in simultaneous anti-illegal gambling operations conducted in Dagupan City and seven towns last August 19 for lack of probable cause.
Inquest prosecutors from Dagupan City, San Carlos City, Urdaneta City, and Lingayen, in their separate dismissal orders, ordered the release of the suspects without delay, noting that the 173 persons arrested are employees of the Peryahan ng Bayan operated by Globaltech Mobile Online Corp (GMOC), which was erroneously tagged by the police as ‘jueteng’.
The arrested employees are working for Peryahan ng Bayan in Dagupan City, San Fabian, San Jacinto, Calasiao, Malasiqui, Asingan, Binmaley and Mangatarem.
The suspects were reportedly led by Efren Fajardo, a barangay chairman in San Fabian and currently the Region 1 manager of GMOC.
The simultaneous anti-gambling operation in Dagupan City and seven towns of Pangasinan was ordered by P/Brigadier General Rodolfo Azurin Jr., police regional director, to arrest jueteng ‘kobradores’.
Lawyer Bernard Vitriolo, GMOC vice president for legal affairs, contended that the prosecutors have no legal basis to elevate or file the complaints of the police in court because their operation was legal, citing the final decision of the Court of Appeals dated January 14, 2019, that affirmed the decision of the Regional Trial Court (RTC), Branch 161 of Pasig City allowing Peryahan ng Bayan to operate.
He said the company’s legal team is considering several available judicial options to finally stop all future attempts to arrest the employees.
Vitriolo also noted that the police were only armed with a letter from Royina Garma, PCSO general manager, dated Feb. 4, 2020, citing the January 29, 2020 suspension order issued by PCSO in total disregard of the CA final decision.
In reaction, P/Brig, General Azurin said the legal counsel of PNP Region 1 will file a motion for reconsideration to question the legality of the order and resolutions issued by the prosecutors citing the regulation issued to address the coronavirus pandemic that bans all gambling while a community quarantine is in effect.
At the same time, Azurin said Peryahan continues to operate without the presence of a PCSO representative, violation of the STL rules.
Lawyers of GMOC, however, countered that under the omnibus guidelines of the IATF, Pangasinan was placed under the Modified General Community Quarantine that allows resumption of business operations under certain guidelines, particularly allowing only 50% occupancy.
On the absence of PCSO representative, GMOC said it is PCSO that is not complying with the order of the court, refusing to send its representative to witness the draw. (Leonardo Micua/Ahikam Pasion)
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