THIS is in reaction to various reports in today's issue of the Philippine Daily Inquirer on the DOJ vs. PDEA controversy: After reading about Varona's nearly successful caper and the DOJ's speed of its processing and subsequent follow up, it looks suspicious enough (or that it stunk to high heavens so badly) for citizens to think that the DOJ has positioned itself to defend the Alabang boys on basis of some technicalities, while at the same time wanting to prosecute the PDEA agents.
The arresting agents have now become the prosecuted. I can imagine the drug syndicates laughing at our government's uncoordinated efforts to incarcerate the drug dealers and stop the illegal trade. It also appears that the lawyer of the Alabang boys was sneaky and sleazy enough to have almost pulled a fast one on the "unsuspecting" DOJ. Was he really pulling a fast one or was it already a routine for him with some cohorts inside?
For him to have prepared the resolution and fast-tracking it into the a prosecutor's office and forwarded to the Secretary for signature makes him as cheap as any prohibited LTO "fixer" of before was to his credit though, the lawyer was like a stealth and was damn effective! I think that there may never be enough evidence to prove the guilt beyond doubt of the DOJ people in the bribery case, nor can there be sufficient proof to nail any of the prosecutors for serious and maliciously motivated wrongdoing. If those cases are weak then we should drop them and focus on really getting the Alabang boys into high security jail, for good and for the rest of their lives.
Let the Senate pass laws learned from this episode to bolster future cases filed by the PDEA. What they should all do is to support General Marcelino to nail these enemies of society (the "boys") to prove to us, the citizenry, that they are not guilty of having been bribed. Some questions asked by concerned citizens include speculations, such as :if the PDEA agents could not be bribed , which agency should the next payoff attempt be that would yield quick results of a release just before Christmas day?
General Marcelino and his men did a good job. The guys at DOJ should match that performance with a true prosecutorial effort, and not look like they are part of the Defense. And they should run after the defense lawyer - because that cheap trick denudes the office of its respectable image.
Victor Manalac, Taytay, Rizal, via e-mail
Prosecution or Defense
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just a thought, why not our mayor Rodrigo Duterte as our anti drugs czar in place of the ineffective Tito Sotto. i'm sure he would lived up to the task just as he had done here in Davao City.
Correction: The PDEA head is General Santiago. The arresting agent is Major Marcelino.
the proposition that only military men could cure the ills of our society is very dangerous. bako kayo mga congresman ma walan ng trabaho. dnd secretary teodor's observation is full of merit.
I have always believed that there are still few good men of honor out there who are willing to make a change in this world.
I commend the PDEA people in this endeavor for fighting for what is right. It is just sad how prosecution lawyers who are supposed to aid justice are even the ones who are in the dark side showing a good example how justice can easily be denied and sold to those who can afford it.
I am also disappointed by how the defense lawyer displayed his attempts to manipulate the situation along with chancing it out with the DOJ secretary himself along with other cohorts who bypassed certail SOPs and ethical standards just to favor the well-offs.
As they say, crime does not pay. You may get rich instantly and get away with all these, but there will always be payback time one way or another. I just hope that the perpetrators and those who are behind all these issues could find it in their hearts to change and move towards goodness.
No one is infallible so they say. Not even the Judiciary is a perfect machine that runs through its intended course, spotless, impeccable, and straightforward.
Before I go on, I would like to extend my apology for those lawyers, fiscals, and Judges who do their assignments as it should be.
However, my teeth gnash with anger whenever I think of our seemingly faultless Supreme Court when it converted its role as dispenser of justice into a money making enterprise.
I am not a lawyer, but I am deeply engrossed with court cases for almost 25 years. And out of five lawyers who became my council, four, in one way or another, has violated the moral integrity of their position.
I intend to disbar an influencial lawyer from Cebu who fabricated a document to attest that he submitted a Reply to the Counter affidavit; which actually he did not. He used an ordinary rubber stamp made of rubber instead of a court seal (made of metal) which is the normal practice. My complaint is still pending in the IBP for more than 19 years!
My second lawyer, who is a former Councilmen of Q.C. charges me 120,000.00 pesos acceptance fee for an ordinary civil case. The fiscal who handled the case made a remark, which I can never forget. “It is immoral to charge a client so much for a simple civil case like yours.”
My third lawyer was a son of a former Congressman. “May his soul rest in peace.” He was brilliant, and he tops his class as Summa cum Laude. We had an altercation one time, and he vented his revenge by accepting as council for the respondent wherein a was the complainant. Little did he know that I could mess his career because he violated the lawyers Cannon on Professionalism.
My fourth lawyer was a retired Judge and a former Professor of law. He made mention another unforgetable remark. He said in a casual way, “Kung sila sa Supreme Court, gumagawa, kami pa!” We use to go direct to the Judges handling my cases, uttering “Kasama ko ang tatay niyan.” or “Studyante ko yan dati.” or “Dating fiscal ko yan.”
Finally, I gave up hiring lawyers, and I bought myself two books dealing with law. The first is the “Revise Penal Code of the Philippines,” and the other is the “Standard Legal Forms.” I AM MY OWN LAWYER! And I use the prosecuting Fiscal as my council.
Now, about our Supreme Court. I say, our Supreme Court has grossly committed a blunder; the effect of which is far reaching, regarding discouraging complainants to file our case because of EXORBITANT FEES the court charges to all level of activities wherein there was no charges exist before.
And there are thousands of cases dropped by complainants for these reasons. Imagine, I have a case worth 100,000 pesos, and I have to pay the filing fee of 25 pesos! The fee depends on how many checks are involved. But, does it matters how many checks?
In Cebu Municipal Trial Court, they require 30 duplicates (Affidavit complaint) when before it was only five sets and 3 sets for additional person involve. In Maasin, Southern Leyte, the Office of the Prosecutor requires 40 sets of Affidavit Complaint.
And adding insult to injury, the complainant is charge with a big fee in the fiscals office, and another fee in the Court so that your complaint will prosper.
What I am driving at is this. Why penalize the complainant with so many charges (the Fiscals office has long list of charges which runs into hundreds of pesos), when these charges never exist before? “Pati korte naging SAKIM at GAHAMAN narin!”
Imagine, under normal condition, the filing fee before is so minimal. Now the complainant is charge approximately 25% of the value involves, another 20 thousand pesos acceptance fee for a lawyer, and then, you have to endure 10 to 15 years of waiting for the final decision. THAT IS WHAT IS HAPPENING NOW.
The culprit who created this mess in our Judiciary is none other than the SUPREME COURT! You already have your yearly budget, yet, you want to bleed the ordinary complainants somemore?
“Hirap na ang mamayan sa pagbayad ng TAXES kaliwat kanan, mataas na pangunahing bilihin (essential commodities), ito kayong, akala mo mga angel, yon pala, para kayong “HOODLUM IN ROBES.”
YOU HAVE KILLED THE VERY PURPOSE OF YOUR EXISTENCE, WHICH IS TO DISPENSE JUSTICE, AND NOT MONEY MAKING ENTERPRISE.
“WALA KAYONG KALULUWA.” ANG DAMI KO NANG NILAGLAG NA KASO DAHIL SA KAMAHALAN NANG SINISINGIL NINYO!”
“KAYA KURAP ANG GOBYERNO NATIN DAHIL SA DAMI NG PILOSOPONG ABOGADO SA LAHAT NG SANGAY NG PAMAHALAAN NATIN.”
the more lumalaban ang taga DOJ at mga prosecutor sa usaping eto lalong lumalabas na guilty sila. masama ang loob ng mga taga DOJ at prosecutor sa Congress dahil bias daw sila pero kung ako sa naman sa Congress "Look who's talking" bias nga rin sila sa mga suspect at abogado ng suspect.
Yonkers, New York
09 January 2009
I quiite agree with Prof. Isagani Cruz's three choices as models of outstanding Filipinos.
Let it not be said, however, that there are not more of them.
As a matter of fact, if one takes the effort to do research deeper into the subject, it will not be that difficult to come up with a list of at list a thousand Filipinos who deserve the honor of being characterized as outstanding Filipinos who deserve to be role models.
Mariano Patalinjug
MarPatalinjug@aol.com
Yet another example of corruption in government. Let's get real. That's the situation 10,20,30 years ago. It will be the same thing 10 years from now. What's the solution to corruption? It is right in front of us. Follow our laws. Unfortunately, the only thing we follow is the money.
The only justice that Juan de la Cruz can count on is either on the day of reckoning for the wicked and corrupt or from the law of nature that will surely even out the playing field in due time for the downtrodden.
Among supposedly civil servants at the top, very few are statesmen , majority from top to bottom are politicians.
" In this dangerous world, we desperately need statesmen, males and females who will set aside all other loyalties and put the good of the country first. Who will protect the people, the rights of the people, and the constitution against all enemies foreign and domestic...." Excerpt from The Power Of The Individual.
What is going on among DOJ, PDEA and the so called "Alamang Boys" is just another vaudeville, put another way, a trial in Kangaroo Court.
For as long as that "everybody has a price" mentality permeates in our society then don't expect social order and rule of law truly prevails,
It appears to be as simple as this: General Marcelino or PDEA did not read the existing laws on how to make the case airtight or they lack competent lawyers to guide them, while DOJ prosecutors were too bookish. PDEA & DOJ being jealous of each other, they cannot get their act together.
ABOLISH PDEA or EDUCATE them before you equip them with a mandate liken to that of Gestapo …
Drug use is a prevalent problem that has cursed our generation, our communities, and our country since the early 1960’s. We have yet to eradicate thoroughly and completely.
But if we are to reclaim our fight against drugs, one must clearly differentiate the victim from that of the real criminal and draw that very fine distinct line between the two.
Understanding the difference between a victim and a criminal is just the start. It is imperative to know that such is the case, in order to begin addressing the problem constructively. A victim is a dependent. The dependents are the victims of our society’s inability to secure the environment in which we bring up our children.
It is our government’s responsibility and undertaking to secure our society of such menacing substances and not that of the curious vulnerable victims. CUT THE SOURCE AND THERE WILL NO LONGER BE ANY DEMAND!
Once victimized, a dependent is in the practice of trade and distribution which comes with being a dependent and should never in any way be confused with that of the criminal dealer, importer, and manufacturer; for theirs is only to feed their needs and continual supply and not for the ultimate profit and engorgement of their lives and position.
The plight that overcomes the victim is one of dire existence which needs the immediate cry for help and protection from themselves, the criminals, and the authorities.
Without the correct consciousness in this world of havoc, we can lose them and the future of our country. There isn’t any winner in this except the criminals and or perhaps the authorities who will benefit in their empty grandiose voluminous head counts.
HELP THE VICTIM AND PROSECUTE THE CRIMINALS!
I am supporting the feedback/comment of Victor Manalac. Me myself is a law enforcer and was assigned before on Anti-Illegal Drug Task Group in one city. I have a lot of experiences on the way the DOJ handles the prosecution of cases involving illegal drugs. There are some instances that the prosecutors handling the case is like an enemy of the law enforcers instead of partners in case buil-up and succesful prosecution of the case. We can count some prosecutors who are professional enough and even invited as for a case conference to make our case an airtight case. I agree with the solon comments that the prosecutors on the Alabang Boys case must proved that there was a probable case and let the judge decide if there was a prima facie evidence or not. I am supporting also the claim of Supt Albani my classmate in the academy about his disheartening experience. Just imagine its involve a shabu laboratory but then one suspect was freed. I remember a lot of instances when the City prosecutors recommended the filing of the case for trial but all along the way after the supposed review by the DOJ Secretary it was overturned even the said case is already on trial. PDEA, western Visayas has this experience when a muslim drug pusher was arrested by them and when the trial is about to begin there was a resolution from DOJ Secretary dismissing the case. I suggest that in order to erase any animosity between the PDEA and DOJ, any operation that pertains to illegal drugs a DOJ prosecutor/s will be involve in the operation. In that case they both know what really transpired and can exchange opinions and suggestion on the legality of the whole operation. Also lot of law enforcers who are not lawyers are even more good on how to prosecute and establish the guilt of the suspect/s so to free the DOJ of the burden of handling the case why not give them (law enforcer/s) the authority to prosecute. This is only a comment I don't want to make my life miserable in the future although I'm living in a misirable condition. Keep it up Bok Albani, I am 100% behind you.
WHAT IS GOING ON? Just what exactly is going on here? Now, we have nonetheless, the President right smack in the middle of two of her departments. WHY?
Why on earth could she not just stay neutral and look into the facts of the case, if she must. Just what is her interest here? What is in it for her? Isn’t there a global crisis that the country should be bracing for?
No one could tell her, that you are favoring one institution over the other … none of which has a spotless impeccable reputation? Where are her advisers? Or, has it come to that point where they all get to, that she now feels invincible?
Perhaps, because she has managed to weathered out the bigger issues like the Graci Tapes, ZTE deal, and Joc Joc. WHY then this?
Could it be that the President is stirring a pot for the destabilizing the country for a possible ‘state of emergency/martial law’ to have her way with the cha cha and oust Puno … oops, oops, that is the Judicial arm of the government, one which is totally independent of the Executive arm.
CAUTION my friends! For those who may be too young to remember, this whole hullabaloo gleams with reflections of the pre-martial law days.
Arroyo: Probe DoJ execs in bribe scandal...
This is what we call deal gone bad.
This drug war escalated not between drug cartel or drug Lords but between government agency against gov't agency,
PDEA and Department of Justice.
What a jerk...If there is drug carter or drug lord in the country, they must be laughing to the end.
As far as I know, drug war is between warring drug lords for control of territory and not this warring drug agencies pointing fingers with each other.
From drug to bribe. From prosecutor to accused. What a funny twist of event.
As the plot of the story is diverted from the issue, the plot thickens.
The point is... This case is about drug buy bust operation.
There is evidence to prove that the Alabang Boys are either user or user/peddler.
But one thing for sure they are not drug lord or drug cartel,they are called tulak for consumption.
They are not what we thought as big fish to be called drug lord to have a drug controlled empire..., much more they are not rich alabang boys for they just have an american sounding names.
Granting that the apprehension of alabang boys are legitimate, they have illegal drugs and so on and so forth.
Then apply the law. Apply what is due them.
Are the illegal drugs worth more time in jail or just a misdemeanor.
Are these kids first time offender to credit good behavior or habitual offender with pending warrant of arrest.
The bribe offer is immaterial to the case. It should be investigated separately for it has nothing to do with the drug case.
It is only an attempt to bribe, we need entrampment, we need physical evidence of money changing hands and not ear to ear transactions.
The PDEA made an overkill to the case.
Their job is only to arrest and hand the case to the prosecuting arm of DOJ.
And who determine the probable cause based on evidence presented, it is the prosecutor and not the PDEA.
It is a matter of who is in charge, and who is the authority.
I commend the character of Marcelino being incorruptible but at least, he should know the law.
But I applaud and congratulate Atty.Jun Resado for his firm and strong conviction on dismissing the case, for he knows the law and he is the only one authorized by law to determine the probable cause.
As the plot thickens, the investigating and prosecuting arm of justice becomes the victim and the accused.
As they say... itutuloy.
“Alabang Boys”—Richard Brodett, Jorge Joseph and Joseph Tecson...
******************************
Colonial mentality is still with us.
We cannot go away with it yet.
Just like these Alabang boys with english family names and their meztiso features that were caught with illegal drugs.
We thought they are big fish that requires big attention.
But they are not. They are like us, ordinary filipino that eat rice 3 times a day.
We thought that these names are millionnaires that require million attention than a street drug user with no name at all.
Time has changed. Gone are the days when mestisos and mestisas prevail over us that we thought they are little bit superior than us.
Gone are the days when these american names are prominent than our pure filipino names.
Time has changed.
Pure pilipino names are now the rich and famous not only in the Philippines but around the world.
It is now the year of the Pacquiao's, Revillame's, Pempengco, Pineda's, and even the Pokwangs.
Enough of this colonial mentality. Let's get rid of these mestisos and mestisas and american names.
It is now time patronize our own.
12jan2009
lasvegasnv
2000
pdea,doj et al -impressive office title but no meaning. bunch of invertebrates. men in uniform, trapos, political dynasties, the oligarchs, the court system and the common "tao" of the republic is in symbiotic relationship. sucking each other's blood,like parasites.
harsh words,but how else i can describe the dire situations of the republic's future.
don't cry for me filipinas. we reap what we sow. the institutionalized corruption is not only endemic in our present society it is also in vivo.
if we all can not get in one lock step to rid of the cancer in our society- as in one voice,mission and vision for another patriotic cause - i see more misfortunes and ills abounds in our society still in years to come.
all the writings is on the wall. we are becoming a society without law. anarchy soon will prevails and civility is gone to the dogs.
our forefathers managed to threw out the crown that usurp powers for over 300 yrs. in patria adorada. fought for second independence and bled,died and overcame hunger from the long march for juan dela cruz' posterity.
pls. do'nt give up the ship.
kayana2 sends,
lasvegasnv.
PDEA should be stripped of its police power, arresting power.
Instead,PDEA should be only an agency for compliance and regulation of business establishments on controlled substance.
Let the police do its work.
The police are better equipped to do the work against illegal drugs.
The local police know the community and they know the character of the people in their area.
PDEA is a police duplication composed of soldiers trained for soldiering.
Let's have one arresting agency,one police body, the Philippine National Police.
The problem…
Our system provides that the apprehending officer is the police and custody is taken by the Bureau of Jail Management and Penology (BJMP), two different entities.
In this case, the apprehending officer is a PDEA agent and custody is taken by the PDEA, the one and the same entity.
if we to mind that the PDEA's job is to protect the citizens from the citizens, then they have done their job. To put them to trial tantamounts to a government gone really bad. Granting that there are bad apples in the barrel, we should separate , take care and commend the good ones because there are not many of them.
The DOJ chief with his bad mouth should know( he of all people) that a soldier 's work in this country is to protect -not correct and this means also putting their lives in jeopardy. He sets in his aircon office.. shoots his mouth while the likes of Marcelino get shot atm,ambushed, rained on, made hostage and what else.
This country should do a lot of soul searching.
I think with that big evidence of prohibited drugs. The DOJ must immediately prosecute instead of defending the accuse.
What is happening the accuse is the one being defended? is it right and it is the other way around.
You the DOJ must prosecute if the accuse found enough substantial evidence instead of being blind.
PDEA already found them selling drugs through buy-bust operation. They can be the witness. DOJ prosecutors must act immediately with out delay because people are waiting.
Otherwise the BRIBERY might be true....