Justice Secretary Vitaliano Aguirre II (File photo from the Philippine Daily Inquirer)
Justice Secretary Vitaliano Aguirre II has suspended for 90 days Manila City Prosecutor Edward M. Togonon for not following his order to release three detainees arrested for drugs despite the dismissal of cases against them.
“He was suspended for not following the D.O. (Department Order) in not releasing three detainees despite the dismissal of the case against them,” Aguirre said in a text message Friday, adding that the suspension will be for 90 days.
He designated as officer-in-charge Atty. Alexander Ramos, currently the Witness Protection Program (WPP) Director and a fellow member of Lex Talionis Fraternity where both Aguirre and President Rodrigo Duterte are members.
On Jan. 4, 2017, Aguirre issued Department Circular No. 004 which provide that a respondent whose case for violation of the Comprehensive Dangerous Drugs even if it involves the maximum penalty of reclusion perpetua (20 years and 1 day to 40 years imprisonment) shall be immediately released from detention even if the case is pending for automatic review before the Department of Justice (DOJ).
Aguirre reversed the Department Circular (DC) No. 022 dated February 12, 2013 issued by former 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 the said Circular, certain respondents when arrested shall remain in detention while their respective cases are under Automatic Review, despite dismissal of the preliminary investigation of cases against them.
Furthermore, DC No. 050 dated December 18, 2015 issued by then Sec. Alfredo Benjamin S. Caguioa amended the same in requiring that the respondent shall be immediately released from detention pending automatic review only if the case subject for the automatic review is not resolved within 30 days.
Aguirre said the two issuances made by De Lima and Caguioa are in violation of the people’s right to liberty. He thus issued, DC No. 004 dated January 4, 2017 which mandates that even with the automatic review, a respondent may be released from detention if initial probe orders the dismissal of case filed against him.