PDEA vs. DOJ - what a bungle!

To the delight of the Alabang boys and their families, the drug case against the former has morphed into a word war between PDEA and DOJ. PDEA is chiding the Justice department for its controversial release order issued against the detention of the suspects while the DOJ, led by Secretary Raul Gonzales himself, has its lands full trying to parry insinuations that its personnel handling the case have committed a serious indiscretion.

 This development was observed recently by millions of tv viewers during the hearing of the case by the House Committee on dangerous drugs. One interesting scene was the exchange of words between Major Ferdinand Marcelino of PDEA and Secretary Gonzales with the latter visibly irked by the Major’s disclosure about bribe attempts. Somewhat emotional, Marcelino tried to defend himself over the Secretary’s cynical comments on the former’s performance as a military officer in Basilan, to which more barbed remarks from the DOJ maharajah came tumbling out.

 On the whole, the impression one gets from this scenario is the failure of government to put its acts together insofar as its campaign against drug abuse is concerned. PDEA is tasked with enforcing the anti-drug laws including surveillance and apprehension of violators while the DOJ handles the prosecution. What is happening however is that drug cases initiated by enforcers are oftentimes thrown out by prosecutors or by judges themselves for one reason or another, including many people believe, monetary reasons.

 And why not? With the Filipinos tagged as one of the most corrupt people in the world, a corrupt judiciary is not difficult to surmise. Look, even as the Alabang boys controversy goes on, a prosecutor in Manila freed a suspected pusher (reported to be a student from an exclusive school) for the flimsy reason that the arresting agent failed to present his agency identification card. How many similar cases suffered the same fate in the hundreds of salas throughout the country?

 Here in Cebu a judge once lamented that oftentimes drug cases filed in his court had to be dismissed for failure of the enforcement agencies to beef up their cases with acceptable evidence, or for failure to observe legal procedures in procuring evidence or in handling the arrest process itself. Incompetence? Perhaps, but incompetence could also be faked for monetary reasons.

 Incidentally, what has happened to major drug cases in Cebu? There was a high provincial official pinpointed by PDEA as being in cahoots with a foreign drug syndicate. Then there was the celebrated case of a shabu laboratory operating in a nearby city for which court action has been started. Then too, an exposé by no less than Congressman Cuenco on the drug operations of a well-known businessman triggered a Congressional inquiry, but nothing came out of it. These, and many other cases, large scale or minor, have either been left hanging or have been scrapped on suspicious grounds.

 Anyway, watching the House inquiry one cannot help but appreciate the guts and evident sincerity of Major Marcelino as he revealed what he knew about the case. Here’s a guy who’s trying to do his job, who has risked life and limb to stump out a major social menace. And what has he got in return? Scorns and insults from highly placed bureaucrats. That’s why one gets a low down on the high-and-mighty attitude of the DOJ chief and his henchmen as they try to image themselves as clean and competent bureaucrats. A private lawyer preparing the Secretary’s release order? What a joke and what a slap on our legal system!

 Strangely, however, nobody from DOJ blew his top over the faux pas despite the scheming lawyer’s acceptance of his misdeed. A disbarment proceeding? DOJ itself should have initiated this but at the moment not even a reprimand has been issued. The perception of observers seems to be that the lawyer is a sacred animal to DOJ people for whatever reason or reasons. Perhaps, he has aces up his sleeve against that department or perhaps somebody close to Malacañang is close to that fellow.

 Without doubt, this development has given another black eye to the administration – if it has still a good eye left. With corrupt practices unabated (per latest report by an international anti-corruption agency called Millennium Challenge Corp.) it is not far-fetched if public condemnation will lump Malacañang with the Justice department for the latter’s perceived misdeeds. The latest development is that PGMA has directed the authorities concerned to settle their intramural and resolve pending issues. Well and good, but the hope of many is that the law should take its course no matter who gets hurt.

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