Aguirre orders probe: Why was suspect kept in jail despite dismissal of case?

Justice Secretary Vitaliano Aguirre II has instructed the National Bureau of Investigation (NBI) to investigate the case of a suspect who continued to be detained despite the dismissal of his case.

Api Ang, a 61-year-old former detainee at the Manila Police District (MPD) headquarters, was arrested in a raid at his hotel last Nov. 21, 2016 where authorities confiscated drugs, paraphernalia, and ammunition.

The case against Ang was eventually dismissed by the City Prosecution Office of Manila and subjected to automatic review before the Office of the Secretary of Justice.

Despite the dismissal, Ang remained in detention until his death last April 2017.

Aguirre also ordered Manila City Prosecutor Edward Togonon to explain the reason for Ang’s continued detention.

Justice Secretary Vitaliano Aguirre II (File photo from Philippine Daily Inquirer)

“All those responsible will be held accountable,” Aguirre said at a news conference on Thursday.

He said Ang’s continued detention despite dismissal of his drugs case might be due to the confusion over previous issuances of the past administration.

One such issuance is Department Circular No. 022, dated Feb. 12, 2013, issued by then Justice Secretary Leila M. De Lima, with the subject “Guidelines on the Release of Respondents/Accused Pending Automatic Review of Dismissed Cases involving Republic Act No. 9165 (Comprehensive Dangerous Drugs Act).”

Under this circular, certain respondents when arrested will remain in detention while their respective cases are under automatic review, despite dismissal of the preliminary investigation of cases against them.

Then there’s Department Circular No. 050, dated Dec. 18, 2015, issued by then Justice Secretary Alfredo Benjamin S. Caguioa. This amended the previous circular, requiring that the respondent will be immediately released from detention pending automatic review only if the case subject of the automatic review is not resolved within 30 days.

Aguirre said the two issuances issued by De Lima and Caguioa violated an individual’s right to liberty.

So he issued Department Circular No. 004, dated Jan. 4, 2017, which mandates that, even with the automatic review in progress, a respondent may be released from detention if the initial probe orders the dismissal of case filed against him.

“In other words, the Department solemnly abides with the Constitution and, as a matter of high policy, directs all its officials and personnel to ensure that no person shall unduly suffer prolonged detention once his or her case has been dismissed, even if the same should be subjected to an appeal or review,” Aguirre said. /atm