Ex-PDEA chiefs face raps over sale of drug chemicals

MANILA, Philippines - Two former chiefs of the Philippine Drug Enforcement Agency are under investigation for alleged illegal sale of seized chemicals.

Recommended by the National Bureau of Investigation for criminal prosecution were former PDEA director general Jose Gutierrez and his predecessor retired general Dionisio Santiago. Gutierrez is also facing charges of obstruction of justice and negligence in connection with an extortion complaint against 13 PDEA agents and three civilians, also filed by the NBI.

NBI Director Nonnatus Caesar Rojas, in a four-page recommendation, sought the prosecution of the two officials for the anomalous sale of confiscated chemicals used for the production of illegal drugs.

Also being recommended for indictment were Ma. Jesus Mendoza of the Finance Management Service of PDEA and a certain Edgardo Alpay of Green Planet Management Inc. (GPMI), the buyer of the seized products.

The NBI asked the justice department to conduct a preliminary investigation of Santiago and the other officials based on a complaint filed by PDEA special investigator and assistant chief of PDEA’s chemical audit and  monitoring unit Romeo Enriquez, and investigator Dolorsindo Paner Jr. of the PDEA-compliance service.

Paner alleged that on July 23, 2008 he found out that 160 drums of hydrochloric acid in PDEA’s safekeeping, were sold to GPMI for P341,500.

The money, according to Paner, was received by Mendoza, reportedly a relative of Santiago. There was no official receipt for the transaction.

Paner further revealed that on Aug. 15, 2008, a total of 41 drums of acetone and ethanol, also under the custody of PDEA, were again sold to GPMI for P157,850. It was also Mendoza who received the money.

Paner noted that the chemicals had been inventoried and declared destroyed prior to the alleged illegal sale.

He added that a test-buy and possible buy-bust operation was supposedly being readied by PDEA operatives against GPMI but the operation did not push through because Santiago did not authorize it.

The sale of the confiscated chemicals, according to Paner, was indisputably anomalous because it did not benefit the government.

The NBI recommended the prosecution of Santiago and Mendoza for violation of Article II Sections 5 and 7 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

Convicted drug dealers, under Sec. 5 of the law, faces life imprisonment and a fine ranging from P500,000 to P10 million.

Section 7 imposes the penalty of life imprisonment and a fine ranging from P500,000 to P10 million on any government official or employee for “misappropriation, misapplication or failure to account for the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful act committed.”

Enriquez said the testimony of witness Rene Orbe, PDEA’s deputy-director for administration, showed the unwillingness of Santiago’s successor to act on the anomalous activities at the PDEA.

Meanwhile, the NBI also sought the criminal indictment of 13 PDEA intelligence agents in connection with alleged extortion of drug suspect Mark Sy Tan last July.

Recommended for prosecution were PDEA intelligence and investigation service (IIS) chief Zoilo Lachica Jr. for robbery with violence and intimidation; and PDEA intelligence officers Marvin Mendoza, Jonathan Morales, Gregorio Camua, Virgilio Castillo II, Mark Anthony Omones, Laila Abad, Martin Francia, Alvin Morales, Dave James Curioso, Rodolfo Caisip Jr., Antonio Romero Jr. and Norman de la Cruz Daez.

Three civilians identified as Reynete de Isidro, Ernesto Garcia Jr. and Jonathan Gancuangco were also included in the complaint earlier filed by Tan and his wife Judy before the NBI.

The NBI said Tan was arrested by the IIS operatives upon his arrival at the Ninoy Aquino International Airport (NAIA) Terminal 3 last July 18 by virtue of a warrant issued by a court.

After being informed of the case against him, Tan was brought to the IIS office, where respondent Romero allegedly demanded P50 million for his release.

Tan claimed that the demand was made in the presence of other IIS operatives and personnel and that Lachica knew of the alleged extort try.

When the demand was reduced to P8 million, the suspect pleaded to his family to produce the money for fear of his and his family’s lives. On the same day, Tan’s brother deposited the agreed amount to the bank account of one Berna Catacutan, who reportedly surfaced to help in the NBI probe.

Catacutan gave the money to agent De Isidro’s boyfriend, intelligence officer Daez of the PDEA Regional Office in San Fernando, Pampanga. She also transferred part of the amount to the accounts of Garcia and Gancuangco.

Gutierrez was included in the complaint for obstruction of justice and negligence after it was learned that the pre-operation report he approved was for mere casing and surveillance and not for Tan’s arrest.

It was former PDEA deputy director general Carlos Gadapan who revealed the alleged extortion incident.