2 ALABANG BOYS ACQUITTED OF DRUG CHARGES BY MUNTINLUPA COURT
MANILA, AUGUST 27, 2011 (MANILA TIMES) Written by : Raffy S. Ayeng and Jing Villamente -Court cites fumbles of prosecution in drug case.
[PHOTO - Richard Brodett Jorge Joseph]
THE Muntinlupa Regional Trial Court (RTC) on Friday morning acquitted two controversial members of the 'Alabang Boys' of charges of violation of the Comprehensive Dangerous Drugs Act of 2002.
In her decision, Muntinlupa RTC Branch 24 Judge Juanita Guerrero cleared Richard Brodett and Jorge Joseph, both arrested on September 20, 2008 during a raid in Alabang, Muntinlupa City (Metro Manila).
Guerrero noted in her decision that the prosecution failed to establish links in the chain of custody of evidence–illegal drugs that were allegedly confiscated from the two respondents during their arrest nearly three years ago.
"Justice was served today. There is failure to establish that they (suspects) are guilty beyond reasonable doubt because they (authorities) violated the chain of custody rule. It should not have been broken," said Felisberto Verano, lawyer for the three drug suspects said.
The judge also cited some inconsistencies in the testimonies presented by the prosecution panel.
Brodett and Joseph, both from prominent and rich families, were arrested by the members of the Philippine Drug Enforcement Agency (PDEA) Special Enforcement Service in Ayala Alabang, an exclusive village in Muntinlupa City.
Another suspect, Joseph Tecson, was apprehended later in Quezon City.
Tecson's case is pending before Quezon City RTC Branch 227.
The anti-drugs agency confiscated from the three 60 ecstasy pills and cocaine and marijuana.
Disappointed
Now retired Dionisio Santiago, who was the PDEA chief when the three suspects were arrested and prosecuted, said that the acquittal of Brodett and Joseph was frustrating and disappointing.
"Let's see if there will be positive things that we can derive from it," he said in a text message.
Even if he was disappointed, Santiago added that he respects the decision of the Muntinlupa court.
"We respect the decision. They are the better people to judge, there may be some lapses but we at the PDEA including our legal team are convinced that there were no lapses and we did everything correctly," he said.
Santiago added that even if the court decided in favor of the two accused, PDEA was able to show that there were some honest people in the government.
He was referring to an alleged P50-million bribery attempt by relatives of one of the suspects on one of the Department of Justice (DOJ) prosecutors to dismiss the case.
Senators even conducted a hearing in aid of legislation after the attempted bribery incident was exposed.
The family of the suspect denied vehemently the bribery attempt.
In December 2008, then-Justice Secretary Raul Gonzalez said that somebody had placed on his table a draft order for the release of the three suspects.
In January the following year, Chief Insp. Ferdinand Marcelino, also PDEA Special Enforcement Service head, said that then-Justice Undersecretary Ricardo Blancaflor called him sometime in December in a bid to intervene for the release the suspects.
Gonzalez ordered the National Bureau of Investigation to investigate Blancaflor, who denied talking with Marcelino to discuss the case of the Alabang Boys.
Blancaflor admitted talking with the PDEA official but only about media killings and human-trafficking cases under his office for monitoring.
Marcelino claimed to have been offered bribes twice, P3 million and P20 million, for the release of the drug suspects.
Still, the case against the Alabang Boys was filed in court.
De Lima surprised
Justice Secretary Leila de Lima also on Friday expressed surprise over the acquittal of Brodett and Joseph on drug charges by the Muntinlupa RTC.
She said that she would first get a copy of the court decision to determine the basis of the acquittal of the two Alabang Boys and if there were "loopholes" in the case.
Malacañang also on Friday said that it would be up to the DOJ to decide whether a review of the Alabang Boys drug case was in order.
Malacañang deputy spokesman Abigail Valte told reporters that they have not seen a copy of the court's decision on the case and that the Aquino administration will continue to strengthen its mandate on the prosecution of cases filed in the courts. With reports from Jomar Canlas And Maria Nikka U. Garriga
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Chief News Editor: Sol Jose Vanzi
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