Manila prosecutor questions Aguirre order

Vitaliano Aguirre II

Justice Secretary Vitaliano Aguirre II is facing another legal battle—this time against a defiant subordinate.

The Court of Appeals (CA) has directed Aguirre to justify his decision to suspend Manila City Prosecutor Edward Togonon last month.

Togonon is questioning Aguirre’s June 8 order that suspended him for 90 days, saying it was based on an “erroneous assumption” regarding the death three months ago of a 61-year-old drug suspect while in the custody of the Manila Police District (MPD).

In an order dated July 5 and released on Thursday, the appellate court’s Fifth Division directed Aguirre to explain why it should not grant Togonon’s petition for a temporary restraining order.

The Manila prosecutor also challenged two points in the secretary’s suspension order: His replacement by Alexander Ramos, Aguirre’s Lex Talionis fraternity brother; and Aguirre’s directive to have Togonon charged with gross neglect of duty, insubordination and conduct prejudicial to the best interest of the service.

In seeking the CA’s intervention, Togonon said the justice secretary arbitrarily ordered his suspension, which he said violated his right to due process and security of tenure as spelled out in Republic Act No. 10071, or the National Prosecution Service Act of 2010.

He said Aguirre’s order stemmed from a TV news report about the death of detained drug suspect Api Ang, who was arrested by the MPD in a sting operation along with three other suspects on Nov. 21, 2016.

On Jan. 30 this year, Ang was indicted for possession of illegal drugs and firearms, but the charges against his companions were dismissed for lack of evidence.

“Reacting on the news report but without first verifying his facts, [Aguirre] directed [me] to explain Ang’s continued detention until his demise in April despite the supposed dismissal of the criminal case against him,” Togonon said in his petition for certiorari. Ang reportedly died due to an illness.

In his reply to Aguirre, Togonon recalled, he explained to his boss that there was no truth to the TV report that Ang had been cleared. He also explained that Department Order No. 4—which Togonon allegedly violated—did not specify whether the release order for suspects cleared of drug charges should come from the city prosecutor or the justice secretary.

“[Aguirre] whimsically and gravely abused his discretion in effecting the relief of petitioner in the guise of preventive suspension from his present permanent post,” Togonon said in his CA petition.

He acknowledged that he had earned Aguirre’s “annoyance and irritation” when he assailed the designation of Ramos in May as the new Manila city prosecutor for being “administratively infirm.” Togonon noted that he was replaced by Aguirre’s “junior fraternity brother.”

“By reason of petitioner’s objection and perhaps realizing the legal frailty of his action, [Aguirre] did not pursue Ramos’ designation,” he said.

Togonon also told the appellate court that Aguirre had suspected him and other senior state prosecutors, including former Prosecutor General Claro Arellano, of being part of a supposed plot to unseat him as justice secretary.