MANILA, Philippines -- (UPDATE 3) State prosecutors accused of bribery in the controversial drug case involving scions from prominent families will be on indefinite leave starting this Monday, Justice Secretary Raul Gonzalez announced.
At the same time, Gonzalez said officers of the Philippine Drug Enforcement Agency (PDEA) should also go on leave.
"I will clarify this to the President [Gloria Macapagal-Arroyo]. But of course, they are not exempted from the overall investigation that will be conducted by the independent body," Gonzalez said.
"They [PDEA] also have to be in the same situation as our prosecutors because they started this entire hullabaloo," he added.
It was the PDEA that first revealed the alleged bribery involving the so-called “Alabang Boys.”
The DoJ executives who have gone on leave are Chief State Prosecutor Jovencito Zuño, justice undersecretary Ricardo Blancaflor, and state prosecutors John Resado and Misael Ladaga.
Gonzalez has named Assistant Chief State Prosecutor Severino Gana to replace Zuño in an acting capacity.
Gonzalez took his cue from President Gloria Macapagal-Arroyo who gave the order for the leave Sunday.
At the same time, Gonzalez will create an independent body that will look into the allegations of bribery against the members of Task Force Against Illegal Drugs.
Gonzalez said the body will be composed of two retired Supreme Court justices and San Beda College of Law dean Virgilio Jara.
He said he saw the need for an independent body to dispel doubts about the investigation and its results.
Currently, the National Bureau of Investigation (NBI) is investigating the alleged bribery and the leak of the resolution dismissing the case against the so-called "Alabang Boys," Richard Brodette, Joseph Tecson and Jorge Joseph.
The prosecutors have already submitted their statements to the NBI, although members of the PDEA have yet to be interviewed by the agency.
Some lawmakers, however, doubt if the NBI will be impartial, being an attached agency of the DoJ.
But Gonzalez said the findings of the NBI will be submitted to the independent body.
He also said PDEA director general Dionision Santiago should clarify the statement he gave to Congress that there never really was a P50-million bribe and that this was merely "psywar [psychological warfare]."
Gonzalez said the integrity of the entire prosecution service has been jeopardized by allegations that might turn out to be false.
At the same time, Gonzalez said he will temporarily set aside his resolution on the case against the Alabang boys.
The resolution dismissing the case against the three has been submitted to Gonzalez for automatic review.
"I have started writing the resolution but with the creation of this panel, I think it is most prudent to wait until they have their findings before I release the resolution," he said.
State Prosecutor John Resado, who issued the resolution dismissing the case against the suspects, said he will take home the files of some of the cases he is handling and work on them.
He said the prosecutors’ leave of absence must not affect the other cases assigned to them.
"I will take the cases with me [that are] not related to drugs and I will be working from home," Resado said, adding that he believes it is unfair to force them to go on leave but that they have no choice but comply.
But Gonzalez said he has ordered the prosecutors concerned to turn over the files of cases that they are handling, which will be re-raffled to other prosecutors so the litigants will not be affected by Arroyo's order.
Resado said he filed a forced leave of five days.
"I filed a forced leave of five days but I could extend if I have to," Resado said.
But the national association of prosecutors continued to rally around their beleaguered colleagues, calling the bribery allegations “unfounded.”
Assistant Chief State Prosecutor Richard Anthony Fadullon echoed Gonzalez’ dare for PDEA officials to take a leave of absence, saying it was unfair that only DoJ officials should do so.
He said the prosecutors are ready to face any investigation even as he warned of a possible breakdown of the pillars of the justice system due to the attacks against the government lawyers.
In a joint statement, the National Prosecutors League of the Philippines (NPLP) and the Chief Prosecutors Association, Inc. said the unfounded accusation made against the mebers of the task force "severely tarnished" the entire National Prosecution Service.
They also claimed the allegations were intended to cover up for the PDEA’s “failures and ineptitude.”
"Yes, cases at times are dismissed or suspect released for further investigation because, somewhere along the line, someone cavalierly disregarded the law,” the statement said. “Arrests make good headlines, after all and the so-called evidence is paraded in the media. [But] it is not the job of the prosecutor to please [either] the law enforcer nor the suspect, but to see to it that the lines are clearly drawn on what may be legally done in enforcing the law and when enforcement of the law results in the breaking of the law."
"Evidence obtained in violation of the law are inadmissible, being ‘fruit of the poisonous tree.’ Prosecutors are not infallible, we can be in error in our judgment. Precisely, that is why we have the process of appeal or petition for review, or reconsideration. We appeal for fairness, please read first the resolutions of the prosecutor before making baseless conclusions," the prosecutors said.