Major Ferdinand Marcelino of the Philippine Drug Enforcement Agency takes his oath before the House of Representatives as he testifies to allegations of bribery on the controversial drug case involving three suspects belonging to prominent families. Photo taken by INQUIRER.net reporter Lira D. Fernandez
MANILA, Philippines – (UPDATE 7) Facing the inquiry by the House of Representatives on the controversial drug case involving three suspects from prominent families, an anti-narcotics agent confirmed that he was offered P3 million by a former classmate at the Philippine Military Academy in exchange for not filing a case against them.
Major Ferdinand Marcelino told the committee on dangerous drugs Tuesday that he would name his mistah from class 1994 in an executive session.
At the same time, Marcelino cited “intelligence information” that officials of the Department of Justice have been fixed and that Richard Brodett, Joseph Tecson, and Jorge Joseph would have been released before Christmas.
Marcelino admitted that his mistah (classmate) offered him "tatlong manok" or P3 million pesos for the PDEA not to file a case against Brodett, Tecson, and Joseph but said that he turned down the offer.
Marcelino said his classmate was intervening for Tecson, said to be the wealthiest among the three.
Arriving at Tuesday’s hearing five hours after it started, Marcelino’s voice cracked as he admitted before the committee on dangerous drugs that he was at a loss over who he should trust.
Marcelino said he was monitoring the proceedings on radio and had goose bumps with what he had heard.
"Medyo kinilabutan ako sa narinig ko sa radio [I had goose bumps on what I heard on radio]. Di ko na alam kung sino ang pagtitiwalaan ko [I do not know anymore who I should trust]," he said.
Asked by Parañaque Representative Roilo Golez if it meant that he didn't believe what officials of the DOJ said, Marcelino said, "Para po kasing distorted iyong mga facts, sir [It seems that the facts are distorted, sir]."
Marcelino, head the PDEA Special Enforcement Service, said they have received an intelligence report that the suspects would be released before Christmas because the DOJ officials have been “fixed.”
A resolution, signed by Chief State Prosecutor Jovencito Zuño on December 2, ordered the release of the three suspects, citing among others illegal arrest and search by the anti-narcotics agents. But the three could not be freed because the resolution was under review.
PDEA lawyer Alvaro Lazaro told the inquiry that he was "shocked" to learn about the dismissal of the case on December 19. He said that he immediately called up State Prosecutor John Resado, who handled the case, and asked him why there was a sudden turn of events.
"When I called him, sabi ko ‘pare bakit nagkabaligtaran, sabi mo ipa-file [I told him ‘friend why the sudden turnaround, you told me the case would be filed],’" Lazaro claimed to have told Resado.
Lazaro said Resado responded, telling him "Delikado, 'wag tayo sa telepono mag-usap kasi si Chief Prosecutor Zuño ang pumirma [It’s dangerous. Let’s not talk on the phone because it was Chief Prosecutor Zuño who resigned]."
Asked by Bayan Muna partylist Representative Teodoro Casiño how he would interpret Resado's statement that it was Zuño who signed the resolution, Lazaro said, "It's up to the panel to interpret what it means."
Marcelino, however, clarified that he was not accusing Zuño of receiving the bribe money.
"Like what I said wala akong sinabi sa inyo kung sino ang tumanggap [I did not tell you anything about who received the bribe], the information I got was naayos na ang DOJ at [the DOJ has been fixed and] guaranteed na lalabas [that the three suspects would be released] before December. Naniwala talaga ako na may tinanggap ang DOJ nung ma-dismiss ang kaso [I firmly believe that the DOJ received something when it dismissed the case]," he said.
Earlier in the hearing, justice undersecretary Ricardo Blancaflor said it was lawyer Felisberto Verano, counsel for Brodett and Tecson, who drafted the release order.
Blancaflor said the draft, addressed to Justice Secretary Raul Gonzalez, was sent through his office and was received by his secretary Janet Payoyo who confirmed her boss’ statement.
Blancaflor acknowledged that since the letter that was contained in a sealed envelope, he instructed Payoyo to bring it to the office of the justice secretary.
Blancaflor said Gonzalez told him that he has talked to Verano and told the lawyer that he would not release the drug suspects.
In the same hearing on Tuesday, PDEA Director Dionisio Santiago reiterated that Marcelino also received text messages of a bribe offer of P20 million, which was later raised to P50 million.
Before Santiago’s disclosure, officials of PDEA and the DOJ argued over the resolution.
PDEA’s lawyer Lazaro told lawmakers that he was “appalled and shocked” by the resolution.
"I am appalled and shocked because in this resolution there is a directive to immediately release the suspects when in fact they did not comply with their own memorandum circular 46 [calling for automatic review of the resolution]," Lazaro said.
But Senior State Prosecutor Philip Kimpo countered that since the memorandum circular was silent on this, it could be interpreted as temporarily freeing the suspects while the resolution was under review.
Lawmakers grilled the prosecutors who insisted that anti-narcotics agents did not conduct a legitimate buy-bust operation against Joseph, Brodett, and Tecson.
But the legislators were unconvinced.
On questioning by Muntinlupa Representative Rufino Biazon, Resado said that his "general conclusion was that the respondents were arrested at will and not by buy bust."
Kimpo added that "there was not an honest to goodness" arrest that took place and that there were "so many defects" in PDEA's procedure.
Parañaque Representative Roilo Golez said that the prosecutors' statements imply that PDEA fabricated its story.
"This is very serious," he said.
"They are now taking the posture of a judge that is simply awaiting the arrival of evidence," Golez added.
Cavite Representative Elpidio Barzaga said the prosecutors were wrong in assuming that the preliminary investigation was a "quasi-judicial proceeding."
"A preliminary investigation is not a quasi-judicial proceeding, that's the reason that prosecutors in a preliminary investigation do not determine the guilt or innocence of the accused," Barzaga said.
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