Aguirre orders NBI to probe case of 'tanim droga' victim Api Ang

Justice Secretary Vitaliano Aguirre II on Thursday ordered the National Bureau of Investigation (NBI) to investigate the case of a "tanim droga" victim who remained in detention despite the dismissal of his case.

Api Ang, a 61-year-old former detainee at the Manila Police District (MPD) Headquarters, was arrested on November 21, 2016 after authorities conducted a raid in his hotel unit. Seized from him were drugs, paraphernalia and ammunition.

According to Aguirre's statement, the criminal complaint against Ang was dismissed by the City Prosecution Office of Manila and was subjected to Automatic Review before the Office of the Secretary of Justice.

However, Ang remained in detention despite the dismissal of his case, until he died in April 2017.

Aguirre stressed that the Department Circular No. 004 he issued on January 4, 2017, "provides that notwithstanding the automatic review of cases covered by R.A. No. 9165 and involving the maximum penalty of reclusion perpetua or life imprisonment, the respondent shall immediately be released from detention unless detained for other causes."

"I have ordered an investigation into why this provision was not observed in the case of Mr. Ang. The parties responsible shall be held accountable," Aguirre said in a press statement.

City Prosecutor Edward Togonon was also directed by Aguirre to explain why Ang was still held in detention despite the dismissal of his case.

Aguirre then blamed that such "confusion" on the matter which led to the continuous detention of Ang, was due to the issuances of the previous administration.

He cited the Department Circular No. 022 issued by Secretary Leila De Lima on February 12, 2013 with the subject “Guidelines on the Release of Respondents/Accused Pending Automatic Review of Dismissed Cases involving Republic Act No. 9165 (Comprehensive Dangerous Drugs Act).”

Aguirre said that under the circular, respondents shall remain in detention even if their cases are under automatic review and even if the preliminary investigation of their cases is dismissed.

Moreover, he also cited Department Circular No. 050 issued by former Secretary Alfredo Benjamin Caguiao on December 18, 2015 which "amended the same in requiring that the respondent shall be immediately released from detention pending automatic review only if the case subject of the automatic review is not resolved within thirty (30) days."

The foregoing Circulars according to Aguirre are in violation of people's right to liberty.

“In other words, the Department solemnly abides with the Constitution and, as a matter of high policy, directs all its officials and personnel to ensure that no person shall unduly suffer prolonged detention once his or her case has been dismissed, even if the same should be subjected to an appeal or review," Aguirre said.

He assured that the NBI will further investigate the "possible violations of laws of the MPD and its responsible officers in the arrest and death of Ang." —Marlly Rome Bondoc/KG, GMA News