PDEA lawyer confident they can justify detention of 'Alabang Boys'

A lawyer for the Philippine Drug Enforcement Agency (PDEA) yesterday expressed confidence they would be able to justify the continuous detention of the three drug trafficking suspects known as “Alabang Boys” at a Court of Appeals (CA) hearing set this week.

A PDEA spokesman accused the National Bureau of Investigation of setting deadlines for Marine Maj. Ferdinand Marcelino in the media without informing the PDEA official.

In an interview with The STAR, lawyer Luisa Rabang of the PDEA’s Legal and Prosecution Service said they were already “researching and preparing the necessary papers” to defend their move to detain Richard Brodett, Joseph Tecson, and Jorge Joseph from the time the suspects’ camp filed for the writ of habeas corpus.

Rabang maintained that the appellate court’s order for the agency to present the three drug trafficking suspects at a hearing on Jan. 21 was not a setback, but “just a legal option” that the suspects’ camp took.

“We’re confident we’ll be able to defend the agency and we’re taking all legal actions necessary,” the lawyer said.

The CA’s order was in response to the petition filed by lawyer Felisberto Verano, counsel for Brodett and Tecson, on Jan. 6, seeking the release of the suspects through the issuance of a writ of habeas corpus.

Rabang said one of the main issues they would raise is the fact that there is an automatic review of the case despite the dismissal by prosecutors on grounds of technicality.

The dismissal by the prosecutors has been hounded by controversy resulting in allegations of bribery.

She said they might also cite the supposed verbal instruction from President Arroyo not to release the suspects, pending the automatic review of the case.

In a separate interview, PDEA spokesman Derrick Arnold Carreon criticized the NBI for the supposed deadline set this weekend for Marcelino to submit his affidavit in connection with the bureau’s investigation on the bribery issue.

Marcelino is the head of the PDEA team that conducted the buy-bust and follow up operations that led to the arrest of Brodett, Tecson and Joseph in Ayala Alabang in Muntinlupa City and in Araneta Center in Quezon City last Sept. 20.

The three suspects were caught in the act of selling illegal drugs to PDEA agents who posed as buyers.

NBI Special Task Force head Arnel Dalumpines on Friday said they would wait for Marcelino’s affidavit until this weekend since they would submit their report by tomorrow (Monday).

Citing a statement from Marcelino, Carreon said the PDEA official had submitted a reply letter last Jan. 14 to the NBI.

He said Marcelino was surprised to hear about such deadline since NBI officials never mentioned it to him personally.

“Apparently, it’s only the NBI that knows about such deadline because after Jan. 14, the NBI never communicated with Major Marcelino about such additional requirement and deadline,” Carreon said.

Marcelino has repeatedly said in statements released to the media that the things he said at a congressional probe done by the House of Representatives could be used by the NBI since these declarations were under oath.

“He’s (Marcelino) wondering why they (NBI) keep pressing the issue on him allegedly ignoring NBI summons. He lamented the apparent partiality on the part of NBI where in spite of the Jan. 14 agreement to submit related documents, he was already berated, prejudged and portrayed as uncooperative by the NBI particularly by Atty. Dalumpines,” Carreon said.

Meanwhile, Assistant Ombudsman Mark Jalandoni said they would wait for the report of the NBI and the transcript of the hearings conducted by the House committee on dangerous drugs for their own investigation on the bribery allegations.

Jalandoni said this would determine which other aspects of the controversy should still be looked into by the Office of the Ombudsman.

“We don’t want to duplicate the efforts of the other agencies,” Jalandoni told The STAR.

Jalandoni said their investigation would start with an invitation to talk with Marcelino and PDEA chief Director General Dionisio Santiago.

He said they would first get the statements from the PDEA officials to determine which officials from the DOJ or the prosecutors should be summoned. – Reinir Padua