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Title: Alabang boys bribed PDEA by P50 million


flipzi - January 1, 2009 01:33 AM (GMT)
PDEA ready to tell all

Senate set to probe ‘Alabang 3’

By Tarra Quismundo
Philippine Daily Inquirer
First Posted 20:13:00 12/31/2008

Filed Under: PDEA-DOJ bribery issue, Government offices & agencies, Illegal drugs, Graft & Corruption, Crime and Law and Justice

Close this MANILA, Philippines—The Philippine Drug Enforcement Agency (PDEA) is prepared to present before the Senate proof of bribe offers for the release of three rich young men held for drug peddling, the agency chief told the Philippine Daily Inquirer Wednesday.

“We will just tell them what transpired, show them text messages we received about the bribes ... texts to officers who got direct offers,” PDEA Director General Dionisio Santiago said when reached by phone Wednesday.

The Senate has expressed interest in investigating the alleged P50-million bribe for the justice department’s dismissal of charges against the so-called “Alabang Boys”—Richard Santos Brodett, Jorge Jordana Joseph and Joseph Ramirez Tecson.

Sen. Gregorio “Gringo” Honasan has agreed to lead a Senate probe of the alleged bribe.

Major Marcelino

Santiago said the PDEA would present Major Ferdinand Marcelino, head of the agency’s Special Enforcement Service that led the Sept. 20 operations in Araneta Center in Quezon City and Ayala Alabang, Muntinlupa City.

Some 60 tablets of Ecstasy, packs of marijuana, and several sachets of cocaine were found when the three suspects were arrested in buy-bust operations four hours apart three months ago.

Since their arrest, the young men have been detained at the 50-square-meter custodial center of PDEA’s Metro Manila Regional Office in Quezon City, getting daily visits from relatives, custodians and officials earlier told the Inquirer.

Bribe tries

Marcelino, whom Santiago described as an “incorruptible” operative, earlier disclosed three bribe tries for the trio’s release. The combat-tested former Marine officer said offers of P3 million to P20 million were made to him by parties related to the suspects.

Santiago said the PDEA was storing text messages, including one that especially piqued him, that “reliable sources” had sent the agency about the bribe offers.

“There was a message about me having received part of the money. The one who sent it was very definite that I received cash. The only question is where the money went. It means that there was an exchange of cash,” said Santiago, who has denied receiving a cent from the alleged bribe money.

“We’re very confident about this because the text messages are coming,” he said.

Zuño denial

The PDEA last week said that it received information about the P50-million bribe to state prosecutors that resulted in the dismissal of the case against the suspects.

Chief State Prosecutor Jovencito Zuño has denied that he and the prosecutors who investigated and reviewed the case had been bribed into recommending the dismissal of charges.

The PDEA said the Department of Justice dismissed drug charges against the suspects on Dec. 2 for “lack of probable cause,” a decision the agency decried citing solid evidence gathered during the buy-bust. The Dec. 2 resolution, with findings by state prosecutors Philip Quimpo and Misael Ladaga, was approved by Zuño.

Up for review

The case will be up for review after the holidays on orders of Justice Secretary Raul Gonzalez, the agency said.

Santiago also maintained PDEA’s obligation to hold the suspects despite the recommendation to dismiss the case, citing a DoJ memorandum keeping drug suspects under the agency’s custody until the final resolution of the charges.

Under the DoJ Memorandum Circular No. 46, the PDEA may commit detainees to city jails when their cases are elevated to a court for trial.

Santiago said the memorandum was clear that the suspects could not be transferred until the resolution on the case became final and executory, which means that it has been signed by the justice secretary.

“The reason we are still holding [the suspects] is because of the memorandum,” he said.

Santiago expressed the hope that the Senate probe would lead to the review of the country’s anti-drug law in order to strengthen coordination between the PDEA and the DoJ.

[URL=http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081231-180853/PDEA-ready-to-tell-all]
http://newsinfo.inquirer.net/inquirerheadl...ady-to-tell-all[/URL]

By simple analysis, THE TEXT MESSAGES CONFIRMING THE PAYMENT .... PLUS THE DOJ'S DISMISSAL,...

.... I BELIEVE THE WELLBEING OF THE GENERAL PUBLIC WAS SACRIFICED JUST SO THAT THESE HOODLUMS IN ROBE CAN TAKE HOLD OF THE DIRTY MONEY.

Should we allow our justice system to remain filled with s@#t-brained hoodlums in robe?

Fmr TOPP Awardee 82'PNP - January 1, 2009 07:52 AM (GMT)
There should be a deeper investigation as to where and whom did the money changed hands. Text messages can be easily created to divert facts. Without any conclusive facts that bribery has taken place, it is quite unfair to point a finger to anybody and name names.

Criminal action or any proceeding relative to the alleged bribery could be jeopardized if suspects were already expose to the press before indictment takes place.

flipzi - January 1, 2009 09:19 AM (GMT)
QUOTE
Without any conclusive facts that bribery has taken place, it is quite unfair to point a finger to anybody and name names.

The very reason why an investigation must be done.

ELSE, IN THE EYES OF THE PUBLIC, THE PERCEPTION THAT THERE WERE PEOPLE WHO GOT BRIBED, INCLUDING Chief State Prosecutor Jovencito Zuño, WILL FOREVER BE INTERPRETED AS A FACT.

Worse, that will tarnish the image of the Justice Department and solidify the "Judges for Hire" belief.

flipzi - January 1, 2009 10:04 AM (GMT)
Now, they are turning the case against the PDEA who reported the alleged bribery involving the DOJ? This could be a ploy to cover up the mess and save the DOJ but ............. sacrifice PDEA.

PDEA has been very serious about the drug campaign. They have been gaining remarkable successes in the fight against illegal drugs. This has happened under Gen. Santiago.

But now since politics and "greed money" seem to be making the moves here, the public's wellbeing is again being sacrificed.

tsk tsk tsk


QUOTE
File bribery charges against PDEA officials, says GMA
By Angelo S. Samonte Reporter, Manila Times

President Gloria Arroyo wants charges filed against Philippine Drug Enforcement Agency (PDEA) officials involved in a bribery scandal linked to the case of the controversial "Alabang Boys," Dangerous Drugs Board Chairman Vicente Sotto 3rd said.

Sotto added that the President was enraged by the bribery scandal and wanted immediate prosecution of officials involved. The President's instruction was issued after she met with Philippine National Police and Dangerous Drugs Board officials on Tuesday.

But Dionisio Santiago, chief of the Philippine Drug Enforcement Agency, said he is not aware of the P50-million bribery allegation, adding that he is ready to testify if the Senate opens an investigation. He added that he is ready to disclose everything, adding that the hearing—if it happens—should be televised to ensure transparency.Besides filing of charges against the agency's officials, Sotto said President Arroyo wants the Naguilan drug case in Nueva Ecija reopened.

The President's decision came after Nueva Ecija Bishop Rivera asked the President to issue a directive to reopen the case, the Department of Justice (DOJ) having dismissed it [...]To read more, click here Commentary: File bribery charges against PDEA officials, says GMA

Fmr TOPP Awardee 82'PNP - January 1, 2009 10:25 PM (GMT)
Bribery is a crime hard to prove without the offenders being caught in an entrapment where the bribe taker is caught inflagrante by law enforcers setting up the entrapment operation.

Sometimes state prosecutors and magistrates are victims of malicious dishonor-mongering while handling cases. Not all people knew that cases are to be dealt with depending on the evidence beyond reasonable doubt and not by the loads of speculations.

In this case where there are no facts and proofs associated with entrapment in the investigation, it is only a waste of time because offenders cannot be prosecuted without the hard rock evidence.

It is unfair for the justice system to be maligned by sowing unproven inuendos against those who are task to turn its wheels, and in the same token, those who blemish its reputation shall be punished to the full force of the law in accordance with the severity and seriousness of the evidence against them in fair and honorable trial. And not trial by publicity.

flipzi - January 2, 2009 01:29 AM (GMT)
Considering your perception on this case and being associated with the justice system, as well as the fact that the case is still being investigated, i must settle mine to your point of view.

Then again, the general public doesnt hold the same position.

So, the investigation and the truth is crucial to the exoneration of the persons involved.

flipzi - January 2, 2009 01:36 AM (GMT)
On the other hand, the trial by publicity enhances the search for truth.

If we simply rely on the rule of law this nation will end up in the trash bin.

Remeber how these lawyers of Gloria Arroyo led by Atty. Macalintal, Sec. Gonzales, the Congress, twisted the law?

So let's not forget that.

TRIAL BY PUBLICITY HELPS THE JUSTICE SYSTEM ESCAPE FROM THE STRANGULATION BY CORRUPT MEN WITHIN ITS OWN SYSTEM and those seemingly above it.

Trial by publicity is the significance of people's power in a democracy.

Especially when the trials by rule of law is being twsited by the powers that be!

It is where all possible angles are brought into the open. It gives the public the chance to weigh all facts, lies and alibis that are crucial in determining the course of the days that are yet to unfold.

The events are necessary in keeping this democratic nation free enough to control the evil gripping the government and to enjoy the fruits of a genuine freedom and democracy.

flipzi - January 2, 2009 02:09 AM (GMT)
‘Midnight’ sheds light on ‘bribery’


By Arlyn dela Cruz
Philippine Daily Inquirer
First Posted 00:59:00 01/02/2009

Filed Under: PDEA-DOJ bribery issue, Crime and Law and Justice, Illegal drugs


MANILA, Philippines—Johnny Midnight, the radio announcer who became famous in the ’70s and the ’80s for promoting “toning” (water therapy) and pyramid healing, said Wednesday there was no way he would be involved in any bribery to have his son released from the custody of the Philippine Drug Enforcement Agency.

“No way, no chance,” Midnight said, putting his hands on his face.

His son Jorge Jordana Joseph was one of the three young men the PDEA arrested on Sept. 20 in buy-bust operations for possession of some 60 tablets of Ecstasy, packs of marijuana and several sachets of cocaine.

Joseph, 22, Richard Santos Brodett, 25, and Joseph Ramirez Tecson, 23, were arrested four hours apart in Araneta Center in Quezon City and in Ayala Alabang, Muntinlupa City.

Master chef

Midnight, now a general manager and master chef at Hotel Vino in Pasay City, admitted he offered something to the PDEA—not money but his services as a media practitioner.

“When my son was arrested, I went to see [Major Ferdinand] Marcelino in his office in the PDEA at 3 in the morning. We were there. I offered to help in the campaign against illegal drugs through my program. I have a two-hour program on RJ/TV. That was the only thing I offered. But money, No!!” he said.

Marcelino, head of PDEA’s Special Enforcement Service, led the operations that resulted in the arrest of the so-called “Alabang Boys.”

Marcelino earlier told the Philippine Daily Inquirer about three attempts to bribe him and his men, beginning on the very day the arrests were made.

Aside from P50M

He said the offer to “buy” him and his men came from an emissary related to Tecson.

The first offer was P3 million and the final offer rose to P20 million, according to the Special Enforcement Service chief.

The offers were different from the P50 million that was allegedly paid in exchange for a Department of Justice resolution dismissing the charges against Joseph, Brodett and Tecson, according to the PDEA.

Chief State Prosecutor Jovencito Zuño has denied that he and the prosecutors who investigated and reviewed the case had been bribed into recommending the dismissal of charges.

The suspects are still under PDEA custody because resolutions on drug cases are automatically reviewed.

Suspects were victims

Midnight said he asked Marcelino why the kids had been fired at. “Was there a shoot-to-kill order?” he said.

Midnight lamented that in the fight against illegal drugs, the three young men were the victims. “Why blame the children? Why are they being targeted? Who is financing the drug trade?” he said.

Midnight was in the middle of opening up when his lawyer arrived and admonished him for talking about his son’s case, especially the alleged bribe attempt.

The lawyer gave his name but made it clear that he was not allowing it to be printed in the Inquirer. At the height of the election campaign in 2004, he filed a disqualification case against actor Fernando Poe Jr. who ran for president.

“The situation is getting complicated and as his lawyer I am advising him to stop this interview right now. Mr. Johnny Midnight is not the one involved in this issue and even if his son is included in the issue, it would be best for him not to talk at this point,” the lawyer said.

He said the media were not the proper forum to discuss the case.

Midnight was apologetic, saying that he understood the job of a reporter being a media practitioner himself. He nevertheless followed the advice of his lawyer.

Alba’s restaurant

Instead of the alleged bribery, Midnight talked about something else, how a media icon like him ended up as a chef.

“It was right after martial law was declared that I began to cook. But I had to start at the bottom, as a kitchen helper, a waiter, then later a manager under the wing of Don Anastacio de Alba of the famous Alba’s restaurant,” he said.

While he talked about something else, Midnight could not hide the fact that he was worried about his son, and would inject lines referring to his son’s predicament.

At one point, he said he found it doubly hard to sleep, since September, thinking about how his son Jorge was coping inside the detention cell of the PDEA in Quezon City.

But his lawyer was quick to alert Midnight that he was beginning to talk about his son’s case again.

Copy of resolution

To keep Midnight away from the topic about his son’s case, the lawyer thought of something else. The lawyer asked whether anyone in media had actually read the DoJ resolution which was the subject of a P50-million bribe.

“I have a copy!” Midnight volunteered. He left the dining area of Hotel Vino to give his copy of the DoJ resolution to this reporter.

While Midnight was getting the resolution from his car, the lawyer said the resolution would show that there was no bribery attempt.

The lawyer pointed out that almost all of the officers and men of the PDEA who were involved in the arrest of the three suspects were all from the military.

“PDEA’s people think they are still in Mindanao, fighting the Abu Sayyaf. They don’t know the procedure,” he said.

Warrantless arrests, searches

The resolution dismissed the case because of the illegal warrantless arrests and warrantless searches on the vehicles of the three suspects.

It was signed by State Prosecutor John Resado, with the recommending approval of Senior State Prosecutor Philip I. Kimpo. Zuño approved the resolution.

The resolution also noted the excessive use of force against the respondents, pointing to several grave improprieties of the PDEA agents such as the mauling of Brodette while his hand were tied and the shooting of the right front tire of a Honda Accord. It also pointed to seven other bullet holes.

Without counsel

In their sworn statements, the respondents complained to the DoJ that one of the PDEA agents said that if the operation happened outside the posh subdivision in Alabang, they would not be alive.

“Kung sa labas ito nangyari at walang witness, tigok na sila (If it happened outside [the subdivision], and there were no witnesses, they would have been dead),” the PDEA agent was quoted as saying.

The resolution particularly noted that Joseph was “under the control of the PDEA agents without the presence of any counsel when information against respondent Tecson was extracted from him.”

The DoJ resolution, dated Dec. 2, 2008, instructed the PDEA to immediately release Brodett, Joseph and Tecson.

The resolution has yet to be reviewed by the justice secretary.

Marcelino has told the Inquirer that the PDEA received an assurance from Resado that the case was already for filing at a local court.

Low morale

“But he [Resado] said he could not handle Zuño,” Marcelino said.



“My men now are suffering from low morale. We did our job, but they want the case dismissed,” Marcelino said.

http://newsinfo.inquirer.net/inquirerheadl...ight-on-bribery

QUOTE

The PDEA was later told that the case lacked probable cause.

LACKED PROBABLE CAUSE OR..

PROBABLY THE BRIBE FOR DOJ WAS SUFFICIENT ENOUGH AS EVIDENT OF THE CASE DISMISSAL despite the hard and sufficient evidences?

Fmr TOPP Awardee 82'PNP - January 2, 2009 09:26 AM (GMT)
If there were doubts on the integrity of the resolution for dismissal by the state prosecutors, those who believed that it was tainted with bribes can make a full scrutiny of the investigation down to the resolution favoring the suspects. And if they can find enough grounds that it was a corrupted one, then they can lodge a re-investigation that should be conducted by another set of prosecutors. And depending on the situation, a case of malfeasance or misfeasance will crop up, but still cannot prove the crime of bribery.

People can always these days maintain the notion of bribery in the DOJ because the latter has been rocked with bribery issues. But one has to ponder a moment on why even the supposed incorruptible branch of the government seems to incline to the reputation of other government agencies such as the BIR, BOC, LTO, and other government agencies inhabited with corrupt public servants. To nip it in the bud is utterly impossible because the model starts right from the corridors of Malacañang.

flipzi - January 2, 2009 10:01 AM (GMT)
i agree.

bottomline is we cannot expect an ideal government, where most if not all of the public officials are honorable and worth respecting, as long as the one who leads and who should serve as the biggest role model has lost its own honor and the respect from the people.

nonetheless, we cannot keep mum on this and sit here doing nothing.

the public will be better off doing another EDSA if the government is simply letting the plague infect the justice system this deep.

Fmr TOPP Awardee 82'PNP - January 3, 2009 02:55 AM (GMT)
Of the three branches of the government, the Judiciary should have been the one that symbolizes integrity & neutrality and free from all presumptions of corruption and other dirty political influence. But now it has been tarnished with the form of corruption that should never have been there to ruin the dignity and integrity of the justice system.

It is also quite ironic that the DOJ had shown bad example to over a thousand new lawyers who hurdled the bar examinations every year under its administration. These new lawyers formed part of our justice system as they all become officers of the court and some of them will manage our justice system in the future. This influence will be on and on every next generation, and this is the saddest part of it where honest dispensation of justice could be so elusive.

flipzi - January 6, 2009 03:03 AM (GMT)
The perception was true.

The DOJ is cuddling many rotten judges.

Pls read on;
QUOTE

PDEA, DOJ discord making bribery possible, Sotto says
SOPHIA DEDACE, GMANews.TV
01/06/2009 | 09:43 AM

Email this | Email the Editor | Print | Digg this | Add to del.icio.us (Updated 10:20 a.m.) MANILA, Philippines – The lack of coordination between the Philippine Drug Enforcement Agency (PDEA) and the Justice Departmant (DOJ) opens the two agencies’ operations to the possibility of bribery, Dangerous Drugs Board (DDB) chairman Vicente “Tito" Sotto III said Tuesday.

In an interview on dzBB radio, Sotto - who is the author of the Comprehensive Dangerous Drugs Act of 2002, the law that created PDEA - said there is a need to revise structures of government agencies handling drug cases to improve coordination between and among them.

Sotto made the statement in the wake of allegations that DOJ prosecutors were allegedly bribed into recommending the dismissal of the drug-related case against the so-called “Alabang Boys."

“Alisin natin yung discordance. Alisin natin yung possibility ng suhulan. Kasi pag may check and balance, di makakapasok yung suhulan. Kung nagkakasisa kasi at puro taong may concern ang nailgayan natin diyan… pati yung suhulan ay matutumbok natin," Sotto said.

(Let us eliminate discordance so we can get rid of the possibility of bribery. Because if there are checks and balances, there will be no such thing as bribery attempts. If the two agencies will cooperate, we will be able to address bribery issues.)

Sotto had earlier pushed for the detailing of prosecutors to the PDEA.

In the radio interview, Sotto said that the only good thing that came out of the “Alabang Boys" bribery controversy is that it opened the floor for discussions addressing the said disharmony between state prosecutors and anti-drug enforcers.

“Sa akin, ang pinakamaganda itong nangyari na ito because this will finally open the door para sa maituwid ang discordance between the DOJ and the enforcement (For me, the only the good thing that came out of this is we will finally open the door to ironing out the discordance between the DOJ and the enforcement body)," Sotto said.

The DDB chair was referring to the House of Representatives committee on Dangerous Drugs hearing slated Tuesday that will tackle PDEA’s allegation that some P50 million changed hands in DOJ’s recommendation of the drug case against Richard Brodett, Jorge Jordana Joseph, and Joseph Tecson.

The three suspects were held during PDEA’s buy-bust and subsequent follow-up operations on Sept. 20 for supposedly peddling high-end drugs like ecstasy, cocaine, and marijuana.

House inquiry

Sotto is one of the officials invited by the House Dangerous Drugs panel. The committee had likewise invited officials from the DOJ, the PDEA and the National Bureau of Investigation.

Earlier during the day, committee chair Ilocos Rep. Roque Ablan Jr said the hearing will also discuss the status of high-profile drug cases that have been filed before the DOJ’s National Prosecution Service and why certain big drug cases have been dismissed.

On Monday, Ablan said they will conduct the hearing to determine whether any anti-drug law needs to be reviewed and revised. "We have to rally find out the truth about this matter in order to be able to review some laws."

Also present in the hearing was Justice undersecretary Ricardo Blancaflor, who became controversial after PDEA Special Enforcement Services head Maj. Ferdinand Marcelino named him as the DOJ official who followed up on the status of the drug case against Brodett, Joseph, and Tecson.

But Blancaflor had repeatedly denied committing any wrongdoing, saying there was nothing illegal with what he did and that it was normal for him to follow up on cases “as a public servant."

He was also dragged into the mess when a member of his staff placed the draft release order for Brodett, Joseph, and Tecson on Justice Sec. Raul Gonzalez’s table.

Gonzalez on Monday said Blancaflor displayed “highly irregular" and unusual interest" in the drug case, saying that the undersecretary may be held administratively liable if it could be proven that he had tried to intercede in behalf of any of the suspects and transmitting a draft release order for the Justice Secretary’s signature.

But on Tuesday, Blancaflor defended himself and insisted that he was the whistleblower and not a "suspect" in the mess involving the “Alabang Boys."

He said he "passed" on the document to Gonzalez, saying Gonzalez was in a position to do something about it.

"Ayaw ko ng papel na yan sa opisina ko, ibigay ninyo sa office ni Sec. Gonzalez dahil alam niya kung anong gagawin. Napaliwanag ko na yan kay Sec. Gonzalez kahapon, naniwala naman si Sec. Gonzalez (I said I did not want to see that piece of paper in my office. I told my staff to pass the document to the secretary's office because he would know what to do. I explained it to the secretary, and he believed me)," he said. - GMANews.TV


http://www.gmanews.tv/story/142745/PDEA-DO...ible-Sotto-says

The government should dig deeper and bring out who benefitted from the 50 million bribe.

And this;
QUOTE
the status of high-profile drug cases that have been filed before the DOJ’s National Prosecution Service and why certain big drug cases have been dismissed.

should be addressed FULLY!

Exterminate all the termites in the DOJ!

flipzi - January 6, 2009 03:20 AM (GMT)
QUOTE
"Ang importante may resolution to. Kung talo kami, talo. Kung panalo ituloy natin ang kaso so the public will know what really transpired (The important thing is there is a resolution. If we lose, we lose. If we win, let's push through with the case so the public will know what really transpired)," Santiago said, assuring that PDEA officials will disclose everything they know about the controversy during the hearings.

by PDEA Chief, General Dionisio Santiago.

http://www.gmanews.tv/story/142742/Anti-dr...oys-mess---PDEA

Good job, General! :salute:

Come to think of it, it's the public who will protect you and will vindicate you.

Let it be a lesson to all that then again, the public cant help you unless you help them first by letting them know the truth.

Once they realized that you are telling the truth and it touches their senses, then they will rally behind you and even fight along with you.

Fighting evil in this government is everyone's responsibility.

Fmr TOPP Awardee 82'PNP - January 6, 2009 10:29 PM (GMT)
Let us put this case in to its simpler perspective so that it can be easily figured out how and where the alleged bribery started.

The PDEA is the one that arrested the suspects and engineered the investigation for its subsequent indorsement of the case to the state prosecutors. If they have done the investigation "black & white"with all the necessary evidence to warrant a cemented case, the state prosecutor after their precursory investigation will execute a resolution that a prima facie case exist to warrant the filing of a criminal case in court except if the evidence presented runs otherwise.

The reason for a resolution favouring the accused can be fully explained in the text of the resolution explaining the inaccuracies of the evidences presented and any question of law that may be present. If the inquiry which is of course conducted by legal luminaries can pinpoint any suspicious circumstances in the resolution like intervention from the DOJ in favor of the accused would only amount to an administrative case, and bribery is out of the picture because no one can prove where the alleged 50 million bribe has taken place or to whom it was given and received.

In the usual course of things like this, bribery starts from the arresting agency because they are the fresh handler of the case, and what is endorsed to the state prosecutors is the result of the investigation prepared by the arresting agency that no nobody knows if the facts were doctored different from the real one due to some corrupt influences. On the other hand, they might have colluded with the state prosecutors and the latter couched them how to prepare the case to be endorsed to the state prosecutor's office for formality making it more convenient to trash it out in favor of the suspects/accused.

It is highly suspicious that these two agencies (PDEA & DOJ) were in tandem but it had turned sour due to maybe some leaked exposure of their scheme especially the amount involved in the alleged bribe...i.e who will get and what amount. :dunno:

flipzi - January 7, 2009 07:17 AM (GMT)
We can never know the fact untill ALL TRUTH IS BROUGHT OUT.

Everyone, is telling a different tune to make the public believe that they are so innocent. PDEA said that bribe attempts were made. The DOJ dismissed the cases in the midst of the resounding perceptions by many the hoodlums in robe exists. That's our point here.

WE NEED TO KNOW WHERE THE LOOPHOLE IN THE SYSTEM LIES. So that, no drug dealers and hoodlums in robe including cops on drug money payroll, will thrive. Let's not focus our attention on the Alabang boys case. Let's take a look deeper into the whole mess.

Again, TRIAL BY PUBLICITY helps. In fact, these guys on TV are trying all they can to sing their own tunes. But we are not that stupid. The ploy alone pictures the real story. But you need to be able to READ BETWEEN THE LINES and LOOK BEHIND THE SCENES.

There's also this perception that the big news is being used to overshadow the Valley Golf Club incident. In either case, the HOODLUMS IN ROBE, THE COPS ON DRUG MONEY, and THE WEAKNESS OF THE PROSECUTION and ARREST PROCEDURE are being brought to us all to examine and get us our own understanding on the whole picture. Now, that's good for the Filipino nation.


update:

http://newsinfo.inquirer.net/inquirerheadl...o-tatlong-manok

The whole story tells a grim picture of the current DOJ people. I am not telling that Sec. Gonzales is bad. I like him. But those below and those influencing them are doing a lot of very questionable actions.

Also, since the case is about fighitng drug dealers, why is it that the DOJ is seemingly helping the suspects get out of it while doing all it can to weaken PDEA's case against the same suspects? Should it be the other way around? Or is it what a "50 million peso"-bribe can do to those hoodlums in robe?

On the other hand, i hope PDEA will strenghten its procedures so that no technicality issues will put their hard works to waste.

Read this also:

http://www.gmanews.tv/story/142965/Alabang...-drugs-early-on

QUOTE:
QUOTE
He said Richard’s portrayal in media was far from how he knew his cousin.

“Early days itong kinukuwento ko, kasi lumalabas ngayon na masyado silang inosente. ‘Mabait itong (si Richard)’ pero may record ho iyon sa LTO (Land Transportation Office) na gumamit (ng drugs)," Anthony said.

He said his side of the Brodetts lived a simple and clean life, while Richard’s side was the one involved in rampant drug use and peddling.

Anthony also said that his cousin’s illegal drug use had the blessings of his mother, adding “Pinaakyat pa ng nanay niya iyan sa Sagada para kumuha ng marijuana (His mother even sent him to Sagada (in Mountain Province) to get marijuana."

“Nagbebenta po talaga si Richard Brodett. Yes, pusher. Mismong yung nanay alam po," Anthony also said.


now who's lying all along? malamang tutuo talaga yung bribe!

eto pa;

QUOTE
Meanwhile, House Speaker Prospero Nograles, said authorities must focus on the source of the drugs, not just the users.

“The important question is: Where do these drugs come from? We need to cut the supply and source rather than go to the addicts who are mentally sick and need rehabilitation. They may be the victims. Let’s fight the source of the supply and the pushers and the middle men," Nograles said in a text message to reporters.

That the biggest issue?

WRONG!

It's the perception on the truth about hoodlums in robes.

Now it's clear.

Fmr TOPP Awardee 82'PNP - January 7, 2009 09:32 AM (GMT)
In the meantime that all the facts of this alleged bribery are all hearsay, the tilt of the balance of accusation is still in favor of innocence, and still presumed that bribery had never taken place. It is worth examining the reason why the case was untimely resolved in favor of the suspects so that from there we can balance the accuracy of the evidence presented by the PDEA and the arguments of the state prosecutor in dropping the case.

We would not rely on behind the scene speculations because this is tantamount to a cheap rumor-mongering that does'nt help ferret out the truth. To pin down this alleged corrupt DOJ elements, we need an incontrovertible evidence to support allegations of bribery and if the PDEA can achieve this, then we will add laurels to their cap otherwise the move to abolish this agency is relevant.

flipzi - January 8, 2009 04:55 AM (GMT)
QUOTE
The jury is still out on the case of the alleged bribery involving the “Alabang Boys” but already it seems clear that the Department of Justice (DoJ) has some housekeeping to do.

QUOTE
The justice department also seems to have tolerated a culture of confusion. The answers of DoJ lawyers to questions at the House committee hearings about the procedures involved in the release of suspected illegal drug users and pushers have been less than illuminating. Under the Manual of Prosecutors, the chief state prosecutor has the authority to conclude the resolution of a case. Gonzalez, however, had issued a department order requiring his personal approval of the resolution of important cases, especially those involving drugs and smuggling cases. In Gonzalez’s own words: “If it is a drug or smuggling case, if the punishment is more than five years, and you dismiss a case of that nature, you must get my imprimatur.”

Under questioning, however, state prosecutors like John Resado described a work culture where the justice secretary’s circular providing for automatic review was either honored in the breach or interpreted laxly.

This confusing state of affairs allows a state prosecutor to act on the assumption that a resolution signed by the chief state prosecutor is effective immediately even while it is awaiting automatic review.

None of this is to say that the Philippine Drug Enforcement Agency’s performance is flawless, and that therefore every single arrest it makes must end in conviction. But the many loopholes in DoJ processes help explain why the burden of responsibility, in this high-profile case, rests largely on the Department of Justice.



http://opinion.inquirer.net/inquireropinio...37/Holes-in-DoJ

It may seem hard for us to see these hitting the headlines, but that's the sad fact and that's the bottomline in these exchange of views.

Let's all hope that it will all work for the betterment of our system.

Mabuhay!

flipzi - January 9, 2009 10:05 AM (GMT)
As I quote..... and agree.... very much;

QUOTE
"The problem actually lies in the prosecutorial approach, in how the prosecutors see their role. Is it to find every possible excuse to absolve the accused? Or is it to vindicate, in this case, their executive duty to carry the legislative ban on the use and traffic in drugs?I once witnessed a debate between a foreign and a Filipino prosecutor. It was in an international training conference that followed the inquiry by the UN Special Rapporteur on Extrajudicial Killings. 

The foreign prosecutor, a woman, was wondering why Filipino prosecutors merely waited for the police to produce the evidence, only to throw it out if unsatisfactory. She asked: Why don’t you actively direct the police and tell them what evidence you will need, and how to correct the deficiencies of the evidence available? The Filipino prosecutor replied: One, getting evidence is the job of the police, not mine. Two, if I become more actively involved in gathering evidence, I thereby lose my impartiality.

The foreign prosecutor was aghast, and explained that the prosecutor’s job is in fact not neutral. It is to prosecute and win a conviction. We are historically so afraid of persecution that we have taught our prosecutors that to be passive is a virtue. The San Juan prosecutor surely could have found other ways to ascertain the identity of the PDEA officer. The mechanical attitude—“no ID, no charges”—betrays a lack of caring, of solicitude, to the sworn duty to punish crime. And for the Alabang boys, it was a buy-bust operation! They were caught in the act. All the Department of Justice needs is “probable cause.” What more evidence do the prosecutors want?" 


from: Passion For Reason
Due process: So how much process is due?


By Raul Pangalangan
Philippine Daily Inquirer
First Posted 02:04:00 01/09/2009

Filed Under: PDEA-DOJ bribery issue, Illegal drugs, Crime and Law and Justice


http://opinion.inquirer.net/inquireropinion/columns/view/20090109-182288/Due-process-So-how-much-process-is-due ://http://opinion.inquirer.net/inquire...process-is-due ://http://opinion.inquirer.net/inquire...process-is-due

May I add that the prosecutors job must be to help win a conviction while the burden to defeat that conviction is left to the defense lawyers. In our current setup, both the prosecution (especialy when money is involved) and the defense lawyers team up in defeating the conviction. Now, how can we have a conviction if this is how things happen in our courts of JUSTICE?

jedi knight - January 10, 2009 03:53 AM (GMT)
QUOTE (Fmr TOPP Awardee 82'PNP @ Jan 7 2009, 05:32 PM)
In the meantime that all the facts of this alleged bribery are all hearsay, the tilt of the balance of accusation is still in favor of innocence, and still presumed that bribery had never taken place. It is worth examining the reason why the case was untimely resolved in favor of the suspects so that from there we can balance the accuracy of the evidence presented by the PDEA and the arguments of the state prosecutor in dropping the case.

We would not rely on behind the scene speculations because this is tantamount to a cheap rumor-mongering that does'nt help ferret out the truth. To pin down this alleged corrupt DOJ elements, we need an incontrovertible evidence to support allegations of bribery and if the PDEA can achieve this, then we will add laurels to their cap otherwise the move to abolish this agency is relevant.

Hi Sir TOPP;

With Atty. Verano admitting that he wrote the draft of the release order, is there any question of ethics involved? I have my point of view being a layman, and it would be interesting for me to hear from someone in that profession.

Thank in advance

Fmr TOPP Awardee 82'PNP - January 10, 2009 09:01 AM (GMT)
There could have been none if he did not use the letterhead of the DOJ. Atty Verano is a private counsel for one of the accused. For him to draft a resolution in favor of his client using the DOJ official letterhead, and presented to Justice Sec. Gonzales is not only highly unethical but also grossly irregular. He could face a disbarment proceedings for his actions.

What is blatantly unusual in this issue is that Sec. Gonzales did nothing let alone berate Atty. Verano when he saw the draft which could only add a foul smell surrounding the drug case. It should be Gonzales who will initiate the disbarment for Atty. Verano.

flipzi - January 20, 2009 05:09 AM (GMT)
Drugs Board to present buy-bust rules By Tarra Quismundo
Philippine Daily Inquirer
First Posted 05:15:00 01/20/2009

Filed Under: Illegal drugs, PDEA-DOJ bribery issue


MANILA, Philippines—The Dangerous Drugs Board (DDB) will present to President Gloria Macapagal-Arroyo on Tuesday a list of proposed revisions to procedures governing drug buy-bust operations. DDB chair Vicente Sotto III said he would submit to Ms Arroyo a “general outline” of revisions to the 2002 anti-drug law’s implementing rules and regulations (IRR), saying that “even the tiniest loopholes” in operations have many times led to the dismissal of drug cases. “These always become a problem during prosecution.

Lawyers of those involved in drug trafficking always cite these loopholes,” Sotto told reporters. Sotto, however, did not disclose the so-called “loopholes” in due process and the changes they hoped to make in the law. Ms Arroyo took over as anti-drug czar after the Philippine Drug Enforcement Agency (PDEA) and the Department of Justice accused each other of wrongdoings. PDEA officials, frustrated that prosecutors threw out a case against three suspected drug pushers, had accused government lawyers of taking bribes. Prosecutors, on the other hand, accused PDEA of incompetence in following legal requirements during drug busts.

“The important thing is that we’ve established an initial common ground. And we are trying to look at certain issues on buy-bust operations and issues on the service of warrants,” Sotto said. Another issue involved the procedure in the preservation of evidence, he added.

Sotto said specific revisions would be made in Section 21 of 2002 Comprehensive Dangerous Drugs Act, which laid down rules in the transfer of evidence, from the arresting unit to court during prosecution. Sotto made the announcement after an hour-and-a-half meeting with representatives of the PDEA, the Bureau of Customs and anti-illegal drugs task forces of the Philippine National Police and the National Bureau of Investigation. Notably, there was no representative of the Department of Justice in the meeting.Asked about this, Sotto said: “We don’t need the DoJ here... [This is] an issue of enforcement and operation.”

The Court of Appeals has ordered the PDEA to produce in court the three so-called “Alabang Boys,” the suspects that sparked the row with the DoJ, who the PDEA continues to detain without charges. Prosecutors had dismissed the case in December, citing “lack of probable cause.”Meanwhile, Education Secretary Jesli Lapus said Monday that the Department of Education would start conducting random drug tests on students despite concerns that they could violate the human rights of students.

Human rights concerns involve protection of persons against suspicionless searches and self-incrimination. Under the Constitution, a person is not required to prove innocence. Usually, any government intrusion into one’s privacy requires proof of probable cause. Also, drug tests are not always reliable and could produce a “false positive” result.

[URL=http://newsinfo.inquirer.net/inquirerhead lines/nation/view/20090120-184391/Drugs-Board-to-present-buy-bust-rules]http://newsinfo. inquirer. net/inquirerhead lines/nation/ view/20090120- 184391/Drugs- Board-to- present-buy- bust-rules[/URL]

This is a success equal if not better to the Alabang Boys conviction.

flipzi - January 20, 2009 05:11 AM (GMT)
and DOJ joins in the effort.


Body formed to help PDEA in drug cases

By Tetch Torres
INQUIRER.net
First Posted 19:19:00 01/19/2009

Filed Under: PDEA-DOJ bribery issue, Illegal drugs, Judiciary (system of justice)


MANILA, Philippines—The Office of the Solicitor General has formed a task force that will help the Philippine Drug Enforcement Agency (PDEA) in building up drug cases and prevent their dismissal on a technicality. Solicitor-General Agnes Devanadera said the Anti-Illegal Drug Task Force will review the procedures being followed by PDEA in the preparation and prosecution of drug cases."We will assist the PDEA in the build-up of cases on violation of anti-drug law,” she said. “In fact, we have already coordinated with them and asked for information about all the cases they are handling." The task force, which will be headed by Assistant Solicitor General Cielo Se-Rondain, will also review dismissed drug cases and the reasons for their dismissal, Devanadera said.

Devanadera said the task force will also coordinate with PDEA in identifying the authorities of the antinarcotics agency and police officers who failed to appear during hearings, leading to the dismissal of a case.

"One way or the other, it caused obstruction to the prosecution of the cases," she said.

President Gloria Macapagal-Arroyo ordered the Office of the Solicitor-General to assist the PDEA in the preparation of cases following the Department of Justice's dismissal of a case due to procedural lapses against the “Alabang Boys.”

During last week's Cabinet meeting, Dangerous Drugs Board chairman Vicente Sotto III also noted that the PDEA agents needed to familiarize with the country’s anti-drugs law.

PDEA records showed that 99, 754 drug cases have filed all over the country since its creation in early 2000. Of these, 78,047 or 78 percent remain pending, 5,832 or six percent dismissed, 2,346 or two percent provisionally dismissed, 6,862 or seven percent cases convicted and 6,667 acquitted cases.

Reasons for acquittal include irregularity or illegality of arrest, search and seizure, reasonable doubt, insufficient evidence, and inconsistent testimonies.

http://newsinfo.inquirer.net/breakingnews/...A-in-drug-cases

Fmr TOPP Awardee 82'PNP - January 20, 2009 10:25 PM (GMT)
There are two issues that made this case ugly. It is the allegation of the PDEA that the case was dismissed by state prosecutors in consideration of a hefty bribe, and the allegations by the state prosecutors that the case did not hold water due to incompetence of the PDEA.

The only way to establish where the axe should fall, is to make a proper judicial or administrative inquiry on both allegations thrown by the state prosecutors and the PDEA accusing each other of creating the mess and scandal.

It is for the interest of dignity and effectiveness of both organizations to be brought to light once and for all. It could be a noble act if Malacañang will initiate to make it happen, more so, that Mrs. Arroyo is taking over the helm of the PDEA in the interim.

flipzi - January 21, 2009 10:10 AM (GMT)
Considering the reality and the situation under the current regime, the fixing of the procedure is a big achievement since it will lay down the foundatin for a more effective anti-drug campaign.

The Alabang boys may walk free and those who got bribed may go free as well but the big changes in the operational procedures will ensure a bigger catch next time and justice will really be served this time.

Fmr TOPP Awardee 82'PNP - January 21, 2009 10:02 PM (GMT)
In my view, the problem is not procedural. It is the integrity and competence of law enforcement and dispensation of cases. And this concerns the agency that implements the Drug Act who is task to investigate and arrest offenders and state prosecutors handling the case before reaching the court.

Suffice it to say, the issue is COMPETENCE AND INTEGRITY.

flipzi - January 22, 2009 06:15 AM (GMT)
I can only agree, Sir.

Let's hope the next President will have the competence and moral integrity to check on that.

digoy - April 15, 2009 08:36 AM (GMT)
QUOTE (Fmr TOPP Awardee 82'PNP @ Jan 10 2009, 05:01 PM)
There could have been none if he did not use the letterhead of the DOJ. Atty Verano is a private counsel for one of the accused. For him to draft a resolution in favor of his client using the DOJ official letterhead, and presented to Justice Sec. Gonzales is not only highly unethical but also grossly irregular. He could face a disbarment proceedings for his actions.

What is blatantly unusual in this issue is that Sec. Gonzales did nothing let alone berate Atty. Verano when he saw the draft which could only add a foul smell surrounding the drug case. It should be Gonzales who will initiate the disbarment for Atty. Verano.

what happend on this issue? has anyone filed a disbarment case on atty. verano?


jedi knight - May 17, 2009 03:49 PM (GMT)
QUOTE (flipzi @ Jan 21 2009, 06:10 PM)
Considering the reality and the situation under the current regime, the fixing of the procedure is a big achievement since it will lay down the foundatin for a more effective anti-drug campaign.

The Alabang boys may walk free and those who got bribed may go free as well but the big changes in the operational procedures will ensure a bigger catch next time and justice will really be served this time.

Oh well, it's only in the Philippines where there's a lot of crime but no crminals. :headbang:




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