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| Without any conclusive facts that bribery has taken place, it is quite unfair to point a finger to anybody and name names. |
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| 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 |
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The PDEA was later told that the case lacked probable cause. |
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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 |
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| 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. |
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| "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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| "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?" |
| 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. |
| 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. |
| 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. |