Counsel of detained ex-ABB head says evidence vs his client is ‘planted’

Arrest (INQUIRER.net stock photo)

MANILA, Philippines — The camp of a party-list nominee and former commander of the communist New People’s Army – Alex Boncayao Brigade (ABB) breakaway group on Tuesday said the gun recovered from him was “planted.”

General Du, general secretary and legal counsel of Magsasaka Party-list, was referring to the .45 caliber gun recovered from its third nominee Lejun Dela Cruz.

Philippine National Police Spokesperson Brig. Gen. Jean Fajardo said Dela Cruz pulled out a gun before riding his vehicle, which ensued a chase that reportedly saw the suspect hitting several vehicles and a motorcycle.

Du, however, vehemently denied this, saying Dela Cruz was approached and chased by an unidentified man in plainclothes, who later turned out to be police personnel.

He further said the police opened fire “without provocation.”

“My client is innocent. The gun is planted. This is a botched ambush by the elements of the Marikina intelligence unit,” Dela Cruz told INQUIRER.net over the phone.

Du said Dela Cruz is facing a case of illegal possession of firearms in relation to the gun ban, frustrated homicide due to bumping of the vehicles during the chase, and malicious mischief – all of which are bailable charges.

As of this posting, Dela Cruz is yet to undergo inquest proceedings for all of the bailable cases.

Du said they will seek his client’s immediate release from the fiscal because of this situation.

“We will ask for his immediate release because he’s been detained for more than 45 hours since he was allegedly arrested,” he noted.

He cited Article 125 of the Revised Penal Code which said that a suspect should undergo an inquest for a maximum of 36 hours.

Dela Cruz is still facing a murder case for an incident in 1992.

Du, however, said they are coordinating with the Office of the Presidential Adviser on Peace, Reconciliation and Unity since this murder rap was supposedly covered by the December 2000 peace agreement between the government and the ABB.

“All cases filed against them before the December 2000 peace agreement, they are immune from suit,” Du said of Dela Cruz.

Du pointed out that they have no clue about the motive of what he branded as an ambush and assassination attempt against Dela Cruz.

“Your guess is as good as mine,” he said. “This story is far too common.”