Freedom sought for drug buy-bust suspects

MANILA, Philippines - The families of those involved in a controversial drug bust case on Tuesday sought a court order to release their detained kins. They asked the Court of Appeals (CA) to order the immediate release of two of the three so-called Alabang Boys. In a 10-page petition for writ of habeas corpus, they said the continued detention of Richard Santos Brodett and Joseph Ramirez Tecson by the Philippine Drug Enforcement Agency (PDEA) has "without any legal cause, thereby depriving them of their cherished rights enshrined under our Constitution." Aside from Messrs. Brodett and Tecson, Jorge Jordan Joseph was arrested in Sept. 20 in an illegal drug buy-bust and follow-up operations in Muntinlupa and Quezon cities. Named respondents in the petition were PDEA Director-General Dionisio R. Santiago, Major Ferdinand L. Marcelino and director for legal and prosecution service Alvaro B. Lazaro. The Department of Justice issued a resolution on Dec. 2, 2008 that dismissed the case for lack of probable cause against the three alleged members of a high-profile drug syndicate supplying illegal drugs in some parts of Metro Manila. The PDEA has argued that they cannot release the suspects based on Department Circular 46 which stated that drug-related and smuggling cases dismissed by the prosecutors’ office should be subject to an automatic review. This was supported by Justice Secretary Raul M. Gonzalez. The court petition, however, noted that the suspects should be released since "there is no express law or even an express declaration in the said circular authorizing [their] continuous detention." Meanwhile, Felisberto L. Verano, Jr., lawyer for Messrs. Brodett and Tecson, has admitted that he prepared a second draft resolution ordering the release of the suspects. It was Janet Payoyo, staff of Justice Undersecretary Ricardo R. Blancaflor, who admitted in Tuesday’s hearing of the House committee on dangerous drugs that she received the draft order from Mr. Verano on Dec. 23. Mr. Verano said he coursed the draft order through Mr. Blancaflor. Mr. Blancaflor had admitted that he was contacted by Mr. Brodett to ask for the "status" of the case after its dismissal by the prosecutors’ office. Mr. Verano also admitted he had written the release order in the letterhead of the Justice department, which he said was "in my old file." He denied any impropriety in the process. In a related development, the House committee on dangerous drugs is planning to strengthen the law against drug trafficking by incorporating state prosecutors into the agency handling drug cases. Committee chairman and Ilocos Norte Rep. Roque R. Ablan, Jr. (1st district) said that an amendment to the Comprehensive Dangerous Drugs Act of 2002 is needed to tighten loopholes in curbing the drug problem. He disclosed the changes in a chance interview after the hearing of the alleged P50-million bribery of Department of Justice (DoJ) state prosecutors for authorizing the release of the Alabang Boys. An amendment as proposed by Dangerous Drugs Board Chairman Vicente C. Sotto III is the integration of lawyers from the Justice department into PDEA to strengthen coordination between the two agencies. State prosecutors will be assigned to PDEA to personally monitor drug bust operations for transparency, Mr. Sotto said. The House panel investigation was brought about by PDEA officials’ claims that they have received information that several personalities from the Justice department had received P50 million to dismiss the drug trafficking case against the Alabang Boys. — Bernard U. Allauigan and Jhoanna Frances S. Valdez, BusinessWorld