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MANILA, Philippines—The National Bureau of Investigation (NBI) on Thursday filed a criminal complaint at the Department of Justice against two former heads of the Philippine Drug Enforcement Agency (PDEA) and several others for allegedly irregular activities inside the agency.
In a four-page letter to Prosecutor General Claro Arellano, the NBI, through its Director Nonnatus Rojas, included in the complaint former PDEA head retired General Dionisio Santiago, and his successor Jose Gutierrez Jr.
Santiago is named in the complaint for the alleged illegal sale of controlled precursors and essential chemicals seized from previous operations while Gutierrez allegedly failed to investigate his predecessor.
Also included in the complaint are Ma. Jesus Mendoza of the Finance Management Service of PDEA and a certain Edgardo Alpay of Green Planet Management Inc. (GPMI).
Complainant PDEA Special Investigator Dolorsindo Paner Jr. of the PDEA Compliance Service said Gutierrez neglected his duty for failure to investigate the alleged anomalous activities inside PDEA. The NBI recommended Gutierrez’s prosecution for violation of Presidential Decree 1829, or the Act Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders.
In his affidavit, Paner said on July 23, 2008, a total of 160 drums of hydrochloric acid at PDEA’s custody were sold to GPMI for P341,500. The money was allegedly received by Mendoza, who is believed to be a relative of Santiago.
Paner said no official receipt was issued for the transaction.
Then, on August 15, 2008, 41 drums of acetone and ethanol under PDEA’s custody were also sold to GPMI for P157,850. He said the said materials were previously inventoried and declared destroyed.
Under PDEA rules, seized chemicals previously inventoried and have already been used as evidence in court should be destroyed. For ordering the sale of the seized contraband, Paner accused Santiago of violating Article II, Section 5 and 27 of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002.
The NBI recommended the prosecution of Santiago and Mendoza for violation of Article II, Sections 5 and 7, of Republic Act (RA) 9165, or the Comprehensive Dangerous Drugs Act.
“Section 5 imposes a penalty of life imprisonment and a fine ranging from P500,000 to P10 million on any person who will be caught selling illegal drugs.
Section 7, on the other hand, imposes the penalty of life imprisonment and a fine ranging from P500,000 to P10 million against a public officer or employee for “misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful act committed.”
Alpay was charged only for violation of Article II, Section 5.
The NBI complaint is supported by the testimony of PDEA’s deputy director Rene Orbe, who pointed to Gutierrez’ alleged indifference in acting on the irregularities in the PDEA.
“The declaration of Orbe, aside from being corroborative of the alleged illegal sale of controlled precursors/chemicals, shows the indifference of former Undersecretary Gutierrez to the existence of irregular/anomalous activities happening at the PDEA and his neglect of duty,” Rojas said.