Court of Appeals allows continued detention of 'Alabang Boys'

MANILA, Philippines -- The Court of Appeals (CA) dismissed yesterday the petition seeking the release of three prominent drug trafficking suspects dubbed the “Alabang Boys” pending the completion of the preliminary investigation on the case by the Department of Justice (DOJ).

This developed as the independent panel created by President Arroyo to probe the alleged bribery in the case convenes on Thursday.

In an 11-page decision, the CA’s Special 13th Division ruled that drug suspects Richard Brodett, Joseph Tecson, and Jorge Joseph should remain under detention at the Philippine Drug Enforcement Agency (PDEA) pending the review of a resolution by investigating prosecutors that dismissed the case and recommended their release.

The CA division junked the petition for habeas corpus filed by the lawyers of the drug suspects, who argued that the joint inquest resolution signed by state prosecutors would suffice for their release since the automatic review of the case under DOJ Circular No. 46 is a mere internal rule and not binding to third parties, as it was not published.

The writ of habeas corpus is a legal remedy under Section 1 Rule 102 of the Rules of Court for those seeking the release of persons who are illegally detained by authorities.

“Having established that the preliminary investigation is yet to be completed pending the review of the DOJ secretary, we rule that Richard Brodett, Joseph Tecson and Jorge Joseph cannot demand immediate release from custody based on the finding of lack of probable cause by the state prosecutor. At the risk of being repetitive, such finding is yet to attain finality,” stated the ruling penned by Associate Justice Monina Arevalo-Zeñarosa.

The appellate court also stressed that the petitioners failed to justify their claim that their right to due process had been violated with their continued detention.

The court added that although the DOJ circular on automatic review did not state that the suspects should remain in detention, the CA said it was understood that while there was an automatic review, the suspects would remain in detention.

The PDEA had maintained that the arrest of the three suspects on Sept. 20 last year in successive operations of its Special Enforcement Service led by Maj. Ferdinand Marcelino at the Ayala-Alabang Village in Muntinlupa City and Araneta Center in Cubao, Quezon City were legal and that all three were not deprived of their constitutional rights.

DOJ welcomes CA ruling

Justice Secretary Raul Gonzalez welcomed the CA ruling, which he said has affirmed his stand on the issue.

“I was expecting that (ruling) because to me there was really no legal basis for that (petition for habeas corpus). I’m happy because first, it sustained in effect the validity of Circular No. 46 and my order to have automatic review, which stated that during the pendency of the review there can be no release of suspects,” he told reporters in an interview.

Gonzalez believes the CA ruling meant that there was nothing irregular in the continued detention of the drug suspects since they signed a waiver for detention in the presence of their counsel.

However, Gonzalez admitted there is an unfortunate delay in the preliminary investigation of the case against the Alabang Boys.

“The problem is I’m in a situation where there is this panel which is about to start its work and my reading of the President’s position is that she does not want a preemption of the work and recommendation of this panel,” he explained.

Gonzalez said the independent fact-finding committee, composed of retired Supreme Court justice Carolina Griño-Aquino, retired Sandiganbayan justice Raoul Victorina and San Beda law school dean Fr. Ranhillo Aquino, would convene this week.

A source said the special panel would start their hearing at 9 a.m. on Thursday at the Training Center of the Supreme Court.

PDEA also lauded the CA decision on the Alabang Boys.

“We’re just happy about the development because the issue of detention, a gray area, was clarified,” PDEA director general Dionisio Santiago said after learning about the CA ruling. – With Michael Punongbayan, Sandy Araneta