Day: January 10, 2009

by Jocelyn Uy
Philippine Daily Inquirer

Retired generals and flag officers of the Armed Forces of the Philippines (AFP) are backing the Philippine Drug Enforcement Agency (PDEA) and its chief Dionisio Santiago for enforcing drug laws “without fear of favor.”

Mired in a bribery scandal involving a drug case against the so-called “Alabang Boys,” the PDEA must be supported by “patriotic and decent” people for continuing to perform its mandated duties well, said the Association of General and Flag Officers, Inc. (AGFO) in a resolution.

“Through the years, the PDEA has been conscientious in the performance of its duties [and] in doing its mandated tasks, it has been subjected to a lot of innuendoes and brickbats, so as to discredit its good name its personnel,” said the resolution.

“Patriotic and decent people should go out of their way to support a government agency that is performing its duties to the best of its abilities,” it said.

The AGFO board of directors approved the resolution on Wednesday, a day after Santiago and PDEA agent, Marine Major Ferdinand Marcelino, reaffirmed at a hearing of the House committee on illegal drugs, claims they made earlier that bribes had been offered them to release the suspects.

The resolution, a copy of which was made available to reporters at Camp Aguinaldo on Friday, was signed by retired major general Jose Maria Solquillo and retired brigadier general Jaime Echeverria, the association’s corporate secretary and chairman, respectively.

Marcelino said at the hearing on Tuesday that a relative of Joseph Tecson, one of the three suspects, had offered him a bribe of up to P20 million in exchange for the release of the suspects. The two other suspects are Richard Brodett and Jorge Joseph.

Brodett, Joseph and Tecson were separately arrested on September 20 in Ayala Alabang, Muntinlupa City and the south gate of Araneta Center in Quezon City for carrying 60 tablets of Ecstasy, sachets of cocaine and packets of marijuana.

Santiago also informed lawmakers during the five-hour hearing that the “Alabang Boys” supplied illegal drugs to The Embassy Super Club at The Fort in Taguig City and other high-end bars in Makati City and Quezon City.

“Now, therefore, be it resolved by the board of directors of AGFO to express its full support to PDEA, under its director general Dionisio Santiago in its effort to implement the Philippine drug laws without fear of favor,” said the group.

The retired AFP officers also agreed to furnish President Gloria Macapagal-Arroyo, Vice President Noli de Castro, Senate President Juan Ponce Enrile and House Speaker Prospero Nograles a copy of the resolution

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These prosecutors are hopeless. They see nothing wrong in an undersecretary following up the release of a drug pusher. They see nothing wrong in a defense lawyer preparing a release order, which should be their job. Ang yayabang pa.

by Evangeline de Vera
Malaya

State prosecutors at the Department of Justice yesterday threw their support behind the resolution of the anti-narcotics task force that dismissed the drug charges against the so-called Alabang Boys.

The 100-strong State Prosecutors Association, led by its president State Prosecutor Crisaldo Rioflorido, faced the media following an emergency meeting among its members to denounce the criticisms hurled at the DOJ fiscals triggered by allegations by the Philippine Drug Enforcement Agency of a payoff in exchange for the release of the three suspects.

Rioflorido said state prosecutors are generally demoralized over the attacks on their integrity.

He said a number of prosecutors who are not members of the task force reviewed the Dec. 2, 2008 resolution penned by State Prosecutor John Resado and found nothing irregular in the ruling.

He noted PDEA agents appeared to have committed some glaring lapses that led to the dismissal of the charges.

“Every time there is a dismissal, baka ibalik sa amin ang sisi sa mga lapses ng PDEA. Tali ang kamay namin as quasi-judicial officers. We only base our decisions and resolutions on evidence presented by PDEA,” he said.

The prosecutors further said that of the 42 cases handled by the anti-narcotics task force, only three were dismissed because of the non-appearance of PDEA agents in preliminary hearings to testify against drug suspects.

They also said that PDEA agents failed to show evidence they have been bribed, noting that PDEA executive director Dionisio Santiago admitted during the hearing of the House oversight committee on dangerous drugs that they floated an alleged P50 million payoff to prosecutors merely to prevent the dismissal of the charges.

State Prosecutor Cristina Rilloraza said truant PDEA agents appear to be sabotaging drug cases. “They want prosecutors to be a rubber stamp of the PDEA.”

Rilloraza said PDEA officers regularly fail to attend hearings when indictments reach the court, and this result in the dismissal of the cases.

The state prosecutors stood by Justice Undersecretary Ricardo Blancaflor, saying there was nothing wrong with his calling PDEA agents to inquire about the status of the case of Richard Brodett, Joseph Tecson and Jorge Joseph, and urging PDEA to release the three on the basis of task force’s Dec. 2, 2008 resolution dismissing the charges.

The three were arrested by PDEA agents in buy-bust operations last September in Quezon City and Muntinlupa.

Blancaflor has admitted calling PDEA officials to ask for the release of the drug suspects despite an automatic review of the resolution, based as provided by memorandum circular No. 46 issued in 2003.

Rioflorido called for the disbandment of the 20-member task force chaired by Chief State Prosecutor Jovencito Zuño, whose members have reportedly planned to resign en masse.

Justice Secretary Raul Gonzalez ordered them to stay put.

“How can we work under a cloud of suspicion? The prosecutors here have low morale because of these accusations of payoff. The PDEA should stop the ‘psy-war’ and name names on who among us got the bribe,” said Zuño.

Employes of the justice department and members of prosecutors association will come to work on Monday in red shirt and black armbands in protest of what they said was the picture painted by PDEA and some congressmen against some of their members.

They will also display a banner in front of the DOJ stating their support for the prosecutors.

Rep. Simeon Datumanong (Lakas, Maguindanao), who issued memorandum circular No. 46 when he was justice secretary in 2003, said it was his intention that suspects be detained pending an automatic review of the resolution dismissing the charges against them.

The clarification belied the claim of state prosecutor John Resado who told the House committee earlier this week that the suspects could be released pending automatic review of the task force’s resolution.

Datumanong, deputy speaker for Mindanao, said if the case is under review after it is already dismissed by a prosecutor, “the suspects can’t be released yet because the case is not actually dismissed since it is still under review.”

“If it is on automatic review, or to be brought to the review of the Secretary (of Justice) the decision of the investigating prosecutor is merely recommendatory. The final authority is with the Secretary, whether he sustains or reverses it,” he said.

He supported Gonzalez’ stand that the three suspects could not be released as violation of R.A. 9165 or the Comprehensive Dangerous Act of 2002 is a capital offense.

Rep. Elpidio F. Barzaga Jr. (Kampi, Cavite), a lawyer, said the committee on dangerous drugs chaired by Rep. Roque Ablan (Lakas, Ilocos Norte) would review R.A. 9165 to safeguard law enforcement agencies conducting drug bust operations because most drug cases are dismissed on technicalities. – With Wendell Vigilia

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