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DOJ exec’s role in drug case ‘unusual’

By Tetch Torres
INQUIRER.net
First Posted 20:16:00 01/05/2009

Filed Under: PDEA-DOJ bribery issue

MANILA, Philippines -- Justice undersecretary Ricardo Blancaflor can be held administratively liable for his alleged involvement in the case against three drug suspects, Justice Secretary Raul Gonzalez said Monday.

Gonzalez said he found Blancaflor’s initiative in ordering the drafting of the release document for Richard Brodett, Jorge Joseph, and Joseph Tecson unusual “because that is not within the ambit of his responsibility."

The three were arrested by Philippine Drug Enforcement Agency agents in a buy bust operation in September 2008 and have since been detained by the anti-narcotics group even after their case was dismissed.

Blancaflor has been accused of taking a special interest in the case when he called PDEA to follow up on the status of the suspects.

"But I will assume good faith on what he did," Gonzalez said of Blancaflor’s action, explaining that any justice undersecretary could make an inquiry on a particular case if they received a complaint, for example, from one of the parties involved about their rights being violated.

"Still, we have to know the circumstances because this is already under investigation by the NBI [National Bureau of Investigation]," Gonzalez said.

It was Blancaflor’s staff, Janet Payoyo, who delivered to Gonzalez's office a draft of the release order, which the justice secretary said could have been written by “someone outside.”

He cited errors in the format, including the misspelled surname of Gonzalez himself and the use of the word "Fiscal" beside the name of State Prosecutor John Resado.

Gonzalez said it was a standard format within the DOJ not to use the word "fiscal" in its resolutions.

He said there was also an investigation into how the resolution crafted by prosecutors dismissing the case against the three suspects was leaked to the parties even if he has not yet approved it.

Gonzalez said, "Technically there is no resolution yet because I have not signed it."

Although under the Manual of Prosecutors, the final say in any resolution of a case is within the authority of the Chief State Prosecutor, Gonzalez said he issued a memorandum requiring his approval, especially on the dismissal of drugs and smuggling cases carrying a penalty of more than five years.

The case against the Brodett, Joseph, and Tecson carries a penalty of more than five years, Gonzalez said.



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