MANILA, Philippines—Justice undersecretary Ricardo Blancaflor Monday admitted that the draft order for the release of the so-called “Alabang Boys” passed his office before it was sent to Justice Secretary Raul Gonzalez for his approval and signature before the Christmas break.

The paper is what Gonzalez was referring to when he said somebody in the Department of Justice (DOJ) had tried to make him sign a draft order to release drug suspects Richard Brodett, Jorge Joseph and Joseph Tecson in time for the holidays.

Sources at the justice department point to one of Blancaflor’s secretaries—Janet Payoyo—as the one who brought the draft release order to Gonzalez’s office just before the lengthy Christmas break.

Blancaflor saw nothing wrong with his office transmitting the draft release order for Gonzalez’s signature.

“Because I was not around, I always instruct my staff that whatever document passes through here to give it to the Office of the Secretary or the staff in charge,” he said at a news conference.

Blancaflor said he didn’t even see the paper. “Inasmuch as that paper was not within our office, I had someone check with the prosecutor involved and I sent it to the Office of the Secretary,” he said.

The undersecretary said he didn’t even know where the draft order came from or how it came to his office. He said it arrived in his office either on Dec. 22 or Dec. 23. He said he was already in Iloilo at that time.

Misspelled surname

Gonzalez said someone from outside the DOJ might have prepared the draft order as his surname was misspelled. His last name was spelled as “Gonzales” right on the part where he was supposed to sign.

But playing the devil’s advocate on his own theory, Gonzalez noted that the letter was printed on a DOJ letterhead. “Where did they get the letterhead?” he asked.

The justice secretary has ordered the National Bureau of Investigation to look into the alleged P50-million bribery of DOJ prosecutors to clear the suspects, and the breach of procedure that would have resulted in the suspects’ release had he signed the unauthorized draft.

Irregular

Gonzalez said drafting a release order for drug suspects was not one of Blancaflor’s functions in the DOJ.

“It is not illegal per se when you speak of illegality but it is irregular. In other words, you prepared a resolution for me to sign and I have not ordered you to prepare it. Maybe if I ordered that such an order be prepared, I could not complain,” Gonzalez said.

The justice secretary said there was a possibility that Blancaflor might be found administratively liable for the draft release order.

“He can be,” the justice secretary said when asked if Blancaflor may he administratively liable.

“But you know, I will also consider that he was in good faith in doing that. As a general principle, you never assume bad faith,” Gonzalez said.

He said Blancaflor could even follow up on drug cases just as he did when he called Philippine Drug Enforcement Agency officer Ferdinand Marcelino to ask why the drug suspects remained under detention despite a DOJ resolution finding no probable cause to charge them.

“Any undersecretary can do that,” Gonzalez said.

Unusual interest

The justice secretary, nonetheless, found Blancaflor’s seeming interest in the suspects’ case “a bit unusual.”

“It is not basically within the ambit of his assigned responsibilities. But any undersecretary can inquire,” Gonzalez said.

He said the “Alabang Boys” had yet to be cleared. The resolution finding no case against the suspects that Chief State Prosecutor Jovencito Zuño signed has yet to be approved by justice secretary.

“The normal procedure, under the manual for prosecutors, if the case is decided there, the final say belongs to the chief prosecutor of the city or the province,” Gonzalez said.

“But… if it is a drug or smuggling case if the punishment is more than five years, and you dismiss a case of that nature, you must get my imprimatur. As far as I’m concerned, something that didn’t pass through me, technically is not yet a valid resolution,” he said.