Justice Secretary Vitaliano Aguirre II during the Commission on Appointments hearing at the Senate in Pasay City on Wednesday.
ARNOLD ALMACEN/INQUIRER
The Court of Appeals has ordered Justice Secretary Vitaliano Aguirre II to comment on the petition filed by suspended Manila City prosecutor Edward Togonon, saying that the suspension order was issued on a “palpably arbitrary and despotic” manner.
In his 14-page petition for certiorari and prohibition with prayer for issuance of a temporary restraining order (TRO) and/or writ of preliminary prohibitory injunction, Togonon said “his right to security of tenure is material and substantial.”
Togonon sought a halt to the implementation of the 90-day suspension order “to prevent serious damage and injury” to him.
In a resolution made public Thursday, the appeals court gave Aguirre 10 days from notice to submit his comment.
“Without necessarily giving due course to the petition, respondents are required to file comment thereon, to the supplemental petition, and to show cause why no temporary restraining order or writ of preliminary injunction should be granted within 10 days from notice,” said the order dated July 5 and signed by CA Executive Clerk Caroline Ocampo-Peralta said.
Aside from Aguirre, also named as respondent in the petition was prosecutor Alexander Ramos whom the DOJ chief designated as officer-in-charge in place of Togonon.
The appellate court also directed Togonon to file a reply within five days after receiving a copy of the comments of the respondents.
Togonon was suspended last June 16 for 90 days for failure to release Api Ang, a 61-year-old detainee at the Manila police despite the dismissal of the drug case against him.
Ang died due to an illness while under detention at the Manila Police District despite the dismissal of the case of possession of illegal drugs and paraphernalia and for violation of Republic Act 10591 or the Comprehensive Law on Firearms and Ammunition Act against him.
But Togonon pointed out that the case against Ang was filed in court. Only the case against Ang’s companions, i.e. Betty Chan, Luz Chan and Henry Go Bernales, were dismissed due to insufficiency of evidence.
Because of the dismissal of case against Ang’s companions on January 30, 2017, the entire records of the case were elevated to the Office of the Justice Secretary for automatic review.
He said that news reports that the case against Ang was dismissed was not true “and therefore there was no legal and factual basis for his release from police custody.”
Togonon added that the Department Order Circular No. 04 which Aguirre was insisting he has violated does not clearly state who should issue a release order in the event of dismissal of illegal drugs cases.
In fact, he said Aguirre himself issued a memorandum saying he will issue another department order to clarify who between the prosecutor or the Justice Secretary should issue a release order.
“Given the above circumstances, petitioner cannot be held for gross neglect of duty,” Togonon said.
He also revealed that the Justice Chief has an axe to grind after he questioned as administratively infirm Aguirre’s designation of Ramos, his junior fraternity brother as Prosecutor IV and vice Senior Deputy City Prosecutor Eufrosino Sulla.
Because of his objection, Togonon said Aguirre set aside Ramos’ designation.
He added that Aguirre has been targeting senior members of the National Prosecution Service (NPS) whom he accused of plotting to remove him from office.
Togonon said among the suspected plotters include former Prosecutor General Claro Arellano who was forced to give his permanent post for a Davao-based prosecutor and another fraternity brother.
He added that other suspected plotters—Senior Deputy State Prosecutors Miguel Gudio, Theodore Villanueva and Richard Anthony Fadullon have been reassigned to far-flung provincial prosecution offices.
Togonon said Aguirre’s order violated his rights to procedural and due process and security of tenure as mandated by law and the provisions of Republic Act 10071 or the National Prosecution Service Act of 2010.