Munti court affirms 2 Alabang Boys' acquittal

MANILA, Philippines - The Muntinlupa court that acquitted two of the “Alabang Boys” has denied the motion for reconsideration filed by the Department of Justice.

“The same is barred by the rule on double jeopardy,” Evangeline Almenario said in a text message to The STAR. Almenario is spokesperson for the Philippine Drug Enforcement Agency, the original complainant in the case.

“We have already referred the matter to the Office of the Solicitor General for possible legal remedies that may be available,” she added.

Last August, Judge Juanita Guerrero of RTC Branch 204 acquitted Jorge Joseph and Richard Brodett over “lapses” in PDEA’s handling of the evidence.

Justice Secretary Leila de Lima said they will appeal the ruling because “it seems that the judge committed a mistake in her decision.”

The DOJ chief said they would also question how the court made a complete turnaround in its findings on the handling of the evidence seized by PDEA agents from Brodett and Joseph.

In a 46-page decision, Guerrero said PDEA’s buy-bust operation against Joseph and Brodett on Sept. 19, 2008 was “valid,” but “the link in the custody of the drug evidence,” as required by Section 21 of the Comprehensive Dangerous Drugs Act of 2002, “has been broken.”

“The failure of the prosecution therefore to establish all the links in the chain of custody is fatal to the case,” Guerrero said.

Brodett is a resident of Ayala Alabang Village in Muntinlupa City, while Joseph is the son of radio personality Johnny Midnight. They were arrested for allegedly selling 60 pieces of Ecstacy tablets worth P750 each to an undercover PDEA agent. Several grams of cocaine and dried marijuana leaves were also recovered in Brodett’s car.

With the acquittal of Joseph and Brodett, the only member of the “Alabang Boys” still with a pending case is Richard Tecson, who is being tried in Quezon City.