True to form as a slippery character, businessman Eduardo “Boy” Enerio beat again at least three criminal cases he was facing following a raid in his building along J.R. Borja St., this city, last January 3, 2014. Eight others were also cleared in the same operations carried out by operatives of the Police Regional Intelligence Di-vision based in Cebu City. Associate City Prosecutor Fara Ricarda Parras-Matuod dismissed the charges filed against Enerio and eight others identified as Rogelio Arbuladora Borces alias Instsik, Rey Dano Gequillo, Alain Lim Petalcorin, Bernardito Tayag Jaspe, Geronimo Banate Perales, Geraldo Gomorot Quinga, Celedonio Alinabon, Rhoy Makibulan Alinabon for violation of Section 3 (f) & 3 (e) of Republic Act 9287 or Illegal Gambling Act. Enerio was charged for violation of the illegal gambling law as financier/maintainer/operator of the illegal numbers game known as "swertres."

The eight others were indicted for violation of Section 3 (d) of RA 9287, or as coordinators of the illegal numbers racket. Also seized during the January 3 raid were guns and ammunitions allegedly owned by Enerio. Packs of shabu were also found in Enerio's house but a forensic examination of the crystalline substance showed that it was not the prohibited drugs that police were looking for. Following a laboratory test, the seized items turned out to be potassium aluminum sulfate, "tawas" in the vernacular. But it was not the "tawas" factor that cleared Enerio and his cohorts. In her findings, the lady prosecutor said the issue to be resolved in this case was whether the act of PO3 Ray Carlo Veloso in entering the Enerio Pensione House, a private building, and effected the arrest of Enerio and the eight others. Veloso was the first witness presented by the prosecution and a member of the raiding team from Cebu directed to conduct the raid against the illegal gambling operation. Posing as a bettor, the policeman and an informant approached a person who came out from the pension house and was standing outside the building. That when the person noticed them approaching, the said person nodded his head and acknowledged them by asking them "unsay ato boss?" When asked of this question, the informant replied "patad na mi bai" (we want to bet, pal), apparently referring to a swertres bet.

Knowing that he was a bettor, the person (swertres man), after accepting the bet money said, okay, we'll go inside and follow me." As they went inside, the informant, bettor and bet taker noticed a man wearing khaki shorts who turned out to be Enerio yelling to a man as if he is the boss and saying "Nganong ni gamay maning gross collection nato karong semanahuna." Unsa may nahitabo ani?" Tarunga na ninyo ha, ayaw ko ninyo binuangi" Total kung nay igo mokout man ko sa akong kwarta." (Why is the gross collection dwindling this week. Why? Tell me what happened and make no mistake of cheating me. Anyway, if we lose for a winning number, I am ready to pay with my own money). Ignoring the person in khaki shorts, the person later identified as Celedonio Makibulan Alinabon, Jr. picked up a ball pen and stub sheets from a stack of papers in the table and asked him what is the number combination that he would place on his bet. He replied "643 bars." That done, the person made a miss call to alert the team that the transaction has been consummated. Then, there followed the raid resulting in the arrest of the eight coordinators and Enerio.

ENERIO DEFENSE

In his counter-affidavit, Enerio declared that in the evening of January 3, 2014, he was alone in the room watching TV. When someone knocked on his bedroom and opened the door, several men in civilian clothes who introduced themselves as police officers suddenly entered without his permission. The police officers informed him that they would be conducting a search in his room for any alleged items. When he asked the police officers if they have the necessary warrant, they failed to produce one and proceeded to search the room over his objection. After the search, the raiding team declared that they found several illegal gambling paraphernalia, two firearms and ammunitions and three packs containing white crystal line substance believed to be shabu. In the ensuing event, thee police officers arrested Enerio for illegal possession of the items they purportedly discovered. Unknown to Enerio and prior to the search of his room, the police officers also entered and searched the room rented by a certain Alain Petalcorin and arrested several persons inside the room for violation of the illegal numbers game (swertres).

Finding the raid to be devoid of any legal instrument like a search warrant, the investigating prosecutor cited the corresponding jurisprudence that states: "Necessity for Search Warrant-no public official or other persons, in any portion of the country where the Constitution is in force, has the right to enter the premises of another without his consent, for the purpose of search and seizure, without first being provided with proper search warrant therefore, obtained in the manner provided by law x x x. The mere fact that a visitor at the house of another is suspected of having unlawful possession of opium is not excuse for entry into the house by any person for the purpose of search against the will of the occupant and without the proper search warrant nor can lawful resistance to such entry on the part of the occupant be taken against him as evidence of complicity (U.S. v. Reyes 20 Phil. 147, etc.). Thus, the most important effect of an illegal search and seizure is the exclusion of the evidence obtained from being used against the person whose right were violated by the search, the evidence being the proverbial and jurisprudential "Fruit of the poisonous tree." The violation of an individual's rights also inevitably result into civil, criminal and administrative charges against the officer responsible for the violation.

ENERIO'S BRUSHES WITH THE LAW

Although he has been behaving lately as a law-abiding citizen, it was public knowledge that he had several brushes with the law including that one where he was hailed to court for murder. In 2012, the Office of the President (OP) reversed and set aside a Department of Justice (DOJ) ruling that recommended the filing of a murder case against the high-profile businessman who was instead charged with homicide at the Regional Trial Court (RTC). The case is in connection with the shooting and killing of Jack Lord Decasa on November 15, 2009 at the residential apartment building owned by Enerio along J. Borja Street, this city. In a 9-page Decision signed by Executive Secretary Paquito Ochoa, dated March 26, 2012, the OP reinstated the April 27, 2010 ruling of the Office of the Regional State Prosecutor (ORSP)-Region 7 which downgraded the murder charge against Enerio to homicide. To recall the incident, Enerio confessed that he shot and killed Decasa on the early morning of November 15 but claimed he did so in self defense as he allegedly saw the victim drawing a handgun and was about to enter his bedroom at the second floor of his apartment building around 2:45 a.m. The accused said he shot Decasa first before the latter could shoot him. It may be recalled that complainant Jacinto Decasa, the victim's father, filed a petition for review on the ORSP Resolution to the DOJ which led to the reinstatement of the murder case against Enerio while also indicting two employees of the accused - Jonie Amoncio and Angelito Barcelona with the same criminal offense.

ILLEGAL DRUGS ALLEGED INVOLVEMENT

On January 21, 2010 Enerio dodged jail on a P200,000 bail bond after he was arrested for drug possession resulting from a raid early morning in his posh residence along J. Borja St., this city. Agents of the Philippine Drug Enforcement Agency (PDEA) based in Cebu City swooped down on the residence of prominent businessman Enerio and yielded several sachets of prohibited drugs believed to be shabu. The biggest quantity in the drug haul was one piece large sized transparent plastic sachet containing white crystalline substance believed to be shabu weighing more or less three grams. The drug personality must have been a high value target that no less than PDEA Regional Director Randy Pedroso supervised the raid. The PDEA came to know about Enerio's alleged drug business when it conducted a buy-test operation on December 8, 2009 involving a civilian asset. The asset allegedly bought P2,000 worth of shabu from Enerio himself on said date and at the house he occupies along J. Borja St. The test-buy formed the basis of the application of the search warrant applied by Intelligence Agent 3 Yogi Felimon Ruiz of the PDEA. This was corroborated by the Deposition of Witnesses I0I Villegas and I0I Cuayson as affiants. According to the PDEA spot report, aside from the prohibited substance confiscated in the possession of Enerio, other drug paraphernalia, a 9 mm pistol with several magazines of ammunitions and P20,000 were also recovered from the second floor of the Honeybee Building . Honeybee is the name of Enerio three-storey palatial home.

TWIST OF THE CASE

In retaliation, "Boy Tawas" Enerio charged relative and Loay Mayor Rosemarie Imboy and several anti-narcotics agents with alleged robbery and direct bribery in relation to the raid on his building here last January 21, 2010 that led to his arrest for illegal drugs. It was inside the same building where Enerio shot dead, according to his own admission to the police, a young male student friend two months before he was raided and arrested for shabu. He was himself charged in court for the alleged drug crime. Enerio accused the lady mayor and the Philippine Drugs Enforcement Agency (PDEA) agents in the Ombudsman for Military and Other Law Offices (MOLEO) also for alleged violation to the Comprehensive Dangerous Drugs Act of 2002 in relation to the article of the Revised Penal Code (RPC) on incriminating innocent person. In addition, Enerio administratively complained against them for alleged dishonesty, oppression and gross misconduct. He named nine of the several PDEA agents in his complaint-affidavit as Randy Pedroso, Yogi Felimon Ruiz, Jason Cabata-a, John Carlo Daquiado, Jeanette Reyes, Jonar Cuayzon, Brian Paul Villegas, BabyRallos or Art Rallos and Mauro Licen, a lawyer. Enerio charged several other men of PDEA and the Maritime Police but he only identified them in his complaint as "John Does." The complainant narrated the circumstances surrounding the crimes and administrative offenses supposedly committed by the accused against him.