MANILA, Philippines -- The Court of Appeals has assigned a justice to the petition for habeas corpus seeking the release of two of the three suspects involved in a controversial drug case.

During Wednesday’s raffle, Associate Justice Juan Enriquez, chairman of the appeals court 11th division, will be the petition's ponente.

Joining him in hearing and studying the petition will be Justices Japar Dimaampao and Sixto Marella Jr.

The petition was filed Tuesday by lawyer Felisberto Verano Jr. seeking the release of Joseph Tecson and Richard Brodett, who, along with Jorge Joseph, were arrested by agents of the Philippine Drug Enforcement Agency (PDEA) in September 2008 for possession of illegal drugs.

In their petition, Verano told the appeals court that Brodett and Tecson should be released because the Department of Justice (DOJ) dismissed last Dec. 2, 2008 the drug charges that were filed against the suspects.

"But despite the express mandate, PDEA vehemently refused to comply and it even argued that it cannot release the subjects because of the existence of a department circular which requires the automatic review by the Secretary Justice," Verano said.

The Department Circular No. 46 refers to automatic review of dismissed cases involving violation of the Comprehensive Dangerous Drugs Act of 2002.

Verano said the circular itself did not contain any provision about the continuous detention of suspects whose case has been placed for automatic review.

The continued detention of the three has spawned controversy amid allegations of attempts to bribe anti-narcotics and DOJ officials to drop the case against the suspects who have been reported to belong to prominent families.