I left Cebu City in the Philippines AFTER PUTTING A DOWN PAYMENT ON AN APARTMENT .COMPLEX OWNED BY MS LUZ LAI, 200,000 PESO EQ. TO 4000us DOLLARS. THE DAY I RETURNED upon arrival in Cebu, my apt. is forcibly entered, by police , Criminal Investigation D.G.7 . I asked for a warrant and they did not have one. pushing me and forcing their way in. My live in who took care of my unit while i was gone and her guest's most of whom i had never met were forced to submit to questions and while I am accused of having minor children inside my unit paying them for child porn and cybersex. They told me during the past month witness have testified against me. I explained I was out of the country and had just arrived tis morning and that was an outragous lie! I was out of the country for the past month! Still they proceeded. With no warrant, with guns drawn they forced their way inside. They searched my unit, no Minors,they searched my van, a male friend was strip searched and Female friends of my live in were subject to sexual innuendo. They accused me of using drugs, "a piece of tin foil was found in a third bedroom" pharafanlia. I was body searched, they found a walther PPK pistol, in my back pocket I was to buy for protection of my home, as I had money to pay for the apartment and do business there. I was ruffed and hand cuffed. All the while being filmed by a tabloid trash reporter Ben Tulfo and his crew... The media was present from the start. Social services was called to question the females, officials from the district were inside my unit snooping and taking pictures. They had no warrant! I had been there for less than an hour. We were harrassed from 3:30-9:00 pm when a warrant issued at 8 oclock pm the same day arrived granting them permission to look for what they had found and planted. My lawyer Rey Cotres (seen in the blue Tshirt in the video) got there before the warrant and did nothing to protect my rights, he even assisted CIDG7 and the reporters in searching my unit. my personal effects, my gerber multi-pliers knife. a brand new laptop,with new web cam was taken along with my new laptop computer n/case which was my briefcase for the trip over,containing all my papers cell phone accesories and software was taken too. They took my telephone my modem, cpu's and monitors because i was going to convert the apartment into a hotel with internet cafe. My attorney failed to have every one leave for trespass, and he assisted with the search. My attorney did not make an inventory of what was taken that night, The news branded me guilty from the start, and never gave me a chance to address the issue of my being set up and innocent of the charges CIDG 7, the police, reporters, newspapers reporters,and a total of 30 people entered my unit before a warrant could be delivered. The pre trial lasted over one year! Never made it to court, it was throw out after CIDG7's many attempts at changing their testimony and it took another year to have my property returned, broken and lacking from that what was taken. The pistol and gerber tool was never accounted for even though the court ruled everything be returned. I had to pick up my property from the court and submitted a list of missing property that they said they never saw. My own my attorney's
Cortes and Sinugbuhan did little or nothing to assist me recovering my personal property. But insisted on keeping the 175 thousand peso i paid for them to take the case.
The apartment owner Luz Lai, kept my 4000 dollar deposit on the Apt. and lot. The police stole my gun, my knife, my papers, software and cell phone , my telephone, and more. Two and a half years my life was messed up, and there is much more, i will update later.The news branded me guilty from the start, and never gave me a chance to address the issue of my being set up. Over 30 people entered my unit that day. I was in jail for 3 days before i could put up bail due to the weekend and holiday, my live in and friends were held in custody and told to sign statement against me so they could be released. All signed after two days except my livein. She stayed in jail for 6 days. before she signed against me a document written by cidg7. I told her she could sign to get out but i did not know who i could trust. And its not over yet....
There must be probable cause before entry. That is traces of cyber sex from IP terminal in that house. Presense of subject minors. Being the leasee he is subject to arrest. His guilt however must be proved beyond reasonable doubt after trial. Law enforcers here screwed up the tecnicalities and had rendered all evidence inadmissable. If it went into trial this guy could either show he has no participation in that crime or get convicted thereof. Pornography is not rape and not a major crime anyway
boyetika 3 years ago
In the pretrial with the fiskal no wittness who were said to file complaints showed up to testify against me. four hearings in one year,and no lawyer want to prosecute CIDG for breaking the law and stealing my property. Or persue my legal action. What are my options for justice? They continue to apply the same tactics to others until now, breaking in homes with no warrant or real evidence...maybe hired by a third party to destroy someones life...
guitmarc54 3 years ago
hi
just a main concern regarding IP adress. most internet providers are not giving their clients sole property of IP adresses. most of the time IP address is shared with other internet users that is according to pldt and bayantel when i asked for a stable internet connection.
whisperer25 3 years ago
I don't know about the technicalities. But I have seen before that Law Enforcers could get sobpoena or whatever processes from courts to compell people or establishments to produce or allow them to seek things they want to see. They only have to satisfy some legal requirements such as affidavits and testimonies. Pin pointing the exact terminal from among the rest who share same IP's may not be difficult to do when they can get help from the provider.
boyetika 3 years ago
Not one witness or suposed complaintants showed up for any of the following legal proceedures that took two years plus...Then susponed without investigation because of legal representivites willing to pursue a complaint against the powers that be...
guitmarc54 2 years ago
They had no IP address, No credible witness to testify, just one no show named "jose uye" who had supposededly filed against me when I was in the USA. And ben Tulfo headed and recorded the whole event.. and followed through even to the prison follow ups and drug tests...and his tapes have not been revealed to me..,.My attorneys failed to ask for the tapes during the hearings saying first we beat these charges and use the tape after...?
guitmarc54 2 years ago