Confident that the Court of Appeals (CA) will rule in its favor, the Philippine Drug Enforcement Agency (PDEA) said yesterday the continued detention of the so-called “Alabang Boys” is justified by an order issued by Justice Secretary Raul Gonzalez himself.
And because of the memorandum circular, the agency believes that it has enough reason to keep Richard Brodett, Joseph Tecson, and Jorge Joseph in jail even though investigating prosecutors had already dismissed the charges against them.
“The Legal and Prosecution Service (LPS) is prepared and is taking all the legal steps necessary to defend the agency as well as the respondents named therein,” PDEA spokesman agent Derrick Carreon told The STAR in reference to a habeas corpus petition filed by lawyer Felisberto Verano before the CA.
Carreon said the continued detention of the Alabang Boys is legal because the order dismissing the complaint filed against them has not yet attained finality as per DOJ Memorandum Circular No. 46.
Quoting PDEA-LPS lawyers, Carreon said the memo requires mandatory automatic review by Gonzalez of all cases with an imposable penalty of six years or more.
“The pronouncements of the Secretary of Justice as well as President Arroyo can be used as legal basis to detain them (Brodett, Tecson, and Joseph),” he explained.
He said the memo was even strengthened or supplemented and clarified by another memo issued by Gonzalez on Jan. 5, 2009.
PDEA officials, headed by director general Dionisio Santiago, are expected to present the “Alabang Boys” before the CA on Wednesday.
At present, Brodett, Tecson, and Joseph are being held at the PDEA detention cell in Quezon City along with more than two-dozen other suspected drug offenders.
For the oral arguments at the CA, several lawyers from the Office of the Solicitor General (OSG) will assist the PDEA lawyers. The OSG has now been assigned to the agency to provide legal support.
Santiago said only around seven will be considered as resident OSG lawyers who will hold office at the PDEA, though some 18 will actually be assigned to the agency.
President Arroyo ordered the assignment of OSG lawyers at the PDEA during last Tuesday’s National Security Council (NSC) meeting in Malacañang where she named herself anti-illegal drugs czar.
OSG lawyers are also expected to help the PDEA in case investigation and case building or preparation that will lead to stronger cases filed in court against drug offenders.