Yearender: Tables turned at justice department

MANILA, Philippines —The year 2017 saw the tables turned at the Department of Justice (DOJ) with the indictment of its former secretary turned senator, Leila de Lima.

After five years of prosecuting criminals, including high-profile personalities such as lawmakers tagged in the pork barrel fund scam, it was now De Lima’s turn to be detained and face trial.

Last February, prosecutors filed non-bailable drug charges against their former boss before the Muntinlupa regional trial court (RTC) in connection with her alleged involvement in the illegal drug trade at the New Bilibid Prison. This was alleged in four consolidated complaints filed by the Volunteers Against Crime and Corruption (VACC), the National Bureau of Investigation, former NBI deputy directors Reynaldo Esmeralda and Ruel Lasala, and high-value inmate Jaybee Sebastian.

De Lima was specifically indicted for violation of Section 5 (sale and trading of illegal drugs) in relation to Section 3 (jj), Section 26 (b), and Section 28 (criminal liability of government officials and employees) of Republic Act 9165, which are non-bailable offenses.

De Lima did not appear at DOJ hearings on charges against her and other respondents and instead asked that all the cases be transferred to the Office of the Ombudsman.

When the DOJ panel rejected her motion, she sought relief from the Court of Appeals, which denied her plea for issuance of a temporary restraining order.

She also sought relief from the Supreme Court but her petition was likewise denied, allowing the trial on the drug cases against her to proceed.

De Lima has been a vocal critic of President Duterte on issues of human rights and summary killings under the war on drugs. During her tenure as chair of the Commission on Human Rights, she also investigated then Davao mayor Duterte over alleged killings perpetrated by the city’s death squad.

De Lima said that the cases against her were born out of persecution by Duterte. But Justice Secretary Vitaliano Aguirre II said it was De Lima who was guilty of persecution with her pursuit of selective justice in the Priority Development Assistance Fund (PDAF) scam during the previous administration, where only opposition senators were indicted for plunder. 

Also charged in court on the same charges were De Lima’s former lover and driver Ronnie Dayan, her nephew Jose Adrian Dera, former Bureau of Corrections (BuCor) chief Franklin Jesus Bucayu, his alleged bagman Wilfredo Elli, Sebastian, NBI deputy director Rafael Ragos and De Lima’s former aide Joenel Sanchez.

The DOJ has also forwarded to the ombudsman the complaints against De Lima for violations of Anti-Graft and Corrupt Practices Act (RA 3019), Code of Conduct and Ethical Standards for Public Officials and Employees, Presidential Decree No. 46 (Act Punishing the Receiving and Giving of Gifts of Public Officials and Employees), and direct bribery and indirect bribery under the Revised Penal Code.

While the DOJ indicted De Lima, it cleared former justice undersecretary Francisco Baraan III for “insufficiency of evidence.”

Prosecutors also dismissed the complaints against high-profile Bilibid inmates Herbert Colanggo, Engelberto Durano, Vicente Sy, Jojo Baligad and Wu Tuan Yuan, also known as Peter Co, since “they will be utilized as prosecution witnesses.

P6.4-B drug case

Another controversial drug case handled by the DOJ this year was the P6.4-billion shabu shipment released from the Bureau of Customs (BOC) last May.

In the case, the DOJ has cleared former commissioner Nicanor Faeldon and other former BOC officials in a resolution last November.

DOJ panel of prosecutors dismissed the Philippine Drug Enforcement Agency (PDEA)’s complaint for conspiracy to import illegal drugs and protecting or coddling of drug traffickers under the Comprehensive Dangerous Drugs Act, negligence and tolerance under Article 208 of the Revised Penal Code, and corrupt practices of public officers under Section 3 of RA 3019 for lack of probable cause.

The DOJ cited as basis in clearing Faeldon the PDEA’s “failure to state with clarity the acts or omission supposedly committed by the above-named BOC respondents that would constitute violation of the offense charged.”

Also cleared were former Customs Investigation and Intelligence Service chief Neil Anthony Estrella; former director Milo Maestrecampo; intelligence officers Joel Pinawin and Oliver Valiente; Manila International Container Port district collector lawyer Vincent Phillip Maronilla; Faeldon’s fiancé, lawyer Jeline Maree Magsuci; and BOC employees Alexandra Ventura, Randolph Cabansag, Dennis Maniego, Dennis Cabildo and John Edillor.

The panel also dismissed the charges against Emily Anoche Dee for maintaining a drug den, citing lack of knowledge on the part of Emily that her property being rented will be used as a transshipment point of the subject drugs.

Also cleared were the corporate officers of Hong Fei Logistics due to the failure of the PDEA to show that these corporate officers knowingly consented to or actively participated in the importation of the subject shipment.

While the DOJ cleared Faeldon and company, it found probable cause to indict the importers, brokers and other individuals involved in the shipment.

The panel recommended no bail in the drug importation case file before the Valenzuela RTC for violation of Section  4 in relation to Section 26 (a) of RA 9165.

Those indicted were Chen Ju Long alias “Richard Tan” or “Richard Chen,” Li Guang Feng alias “Manny Li,” Dong Yi Shen Xi alias “Kenneth Dong,” Mark Ruben Taguba II, Eirene Mae Tatad, Teejay Marcellana, Chen Min, Jhu Ming Jhun and Chen Rong Huan.

Drug war killings

In 2017, the DOJ was also tasked to investigate cases of alleged killings of drug suspects during police operations under the war on drugs, an issue that has hounded the Duterte administration.

The department conducted preliminary investigation on the cases of Kian Loyd delos Santos, Carl Angelo Arnaiz and Reynaldo “Kulot” de Guzman – all minors allegedly killed by Caloocan policemen in anti-narcotics operations last August.

In Delos Santos’ case, 16 Caloocan policemen – Chief Insp. Amor Cerillo, Police Officer 3 Arnel Oare; Police Officers 2 Arnel Canezares, Diony Corpuz and Fernan Cano; and Police Officers 1 Jeremiah Pereda, Jerwin Cruz, Reynaldo Dan Blanco Jr., Silverio Garcia Jr., Ronald Herrera, Myrldon Yagi, Christian Joy Aguilar, Ceferino Paculan, J-Rossillini Lorenzo, Erwin Romeroso and Ferdinand Claro – were charged with murder, torture, planting of evidence and violation of domicile under Article 128 of the Revised Penal Code.

Assisted by the Public Attorney’s Office, parents of Delos Santos presented as evidence a total of 16 witnesses, CCTV footage in the area operated by the barangay and results of the forensic exam conducted by the PAO indicating that Kian was lying face down when he was shot three times – twice in the head and once at the back.?In the case of Arnaiz and De Guzman, Caloocan Police Officers 1 Jeffrey Perez and Ricky Arquilita were charged before the DOJ with double murder, torture and planting of evidence under the Comprehensive Firearms and Ammunition Regulation Act and the Comprehensive Dangerous Drugs Act.

The DOJ has yet to resolve these cases and issue resolutions.

Atio hazing

In the latter part of 2017, the DOJ handled another controversial case: the fatal hazing of University of Santo Tomas law freshman Horacio Castillo III by members of the Aegis Juris fraternity last September.

Officers led by fraternity president Arvin Balag and master initiator Axel Hipe as well as alumni of the fraternity were charged with murder, hazing and obstruction of justice before the DOJ.?One of the respondents, fraternity member Marc Anthony Ventura, has turned state witness and submitted a tell-all affidavit to the DOJ tagging 23 of his frat brothers in the fatal hazing of Castillo.

UST law dean Nilo Divina, also a member of the fraternity, was named respondent in the complaint filed by Castillo’s parents but sought dismissal of the charges for lack of basis.

Most of them claimed that Castillo died not of injuries from hazing but rather due to his pre-existing hypertrophic cardiomyopathy condition.?Just like the EJK cases, the DOJ has yet to resolve this hazing case.

Dengvaxia, DAP

As 2018 kicks off, the DOJ is again expected to have its hands full with high-profile cases.

The department is set to pursue its fact-finding investigation on the controversial P3.5-billion dengue vaccine project of the Department of Health (DOH) that reportedly poses health risks to children already injected but without history of the disease.

Aguirre has ordered the NBI to determine possible liabilities of officials behind the project that was approved by former health secretary Janette Garin.

The controversy on Dengvaxia broke following the advisory from French-based pharmaceutical company Sanofi Pasteur saying new clinical analysis has found the vaccine is effective for people who have had dengue prior to immunization, but citing a risk of a “severe” case of dengue for people who have not.

This development puts around 10 percent of the over 700,000 school children who received the shots at risk to a severe case of the disease, prompting Health Secretary Francisco Duque III to order the suspension of the dengue vaccination program pending recommendation on further action from experts from the World Health Organization.?The DOJ recently issued a lookout bulletin order against former president Benigno Aquino III and eight others after Gabriela party-list and parents of children injected with the Dengvaxia vaccine filed a case against them before the Office of the Ombudsman for alleged violation of the Anti-Graft and Corrupt Practices Act. 

Apart from Aquino and Garin, also covered by the lookout bulletin order are former budget secretary Florencio Abad; former executive secretary Paquito Ochoa Jr.; Sanofi Pasteur vice president of dengue vaccine Guillaume Leroy; Sanofi chief executive officer Oliver Brandicourt; Sanofi Pasteur medical doctor Ruby Dizon; Sanofi Pasteur representative Thomas Triomphe and Sanofi-Adventis Philippines country chair Carlito Realuyo.

The PAO and VACC have also been tapped to build cases. They have traced two cases so far of possible death from the vaccine.

Another issue from the Aquino administration ordered investigated by Aguirre is the multibillion-peso Disbursement Acceleration Program (DAP).

Last November, Aguirre issued Department Order No. 749 directing the NBI to probe the DAP anomaly based on the complaint of former Manila councilor Greco Belgica.

Apart from DAP, the Aguirre also tapped the NBI to reopen its investigation on the anomalies in the PDAF scam.

Aguirre also instructed the NBI “to form a special task force that will investigate the anomalies” and submit regular reports of its investigation to Justice Undersecretary Antonio Kho Jr.

The Office of the Ombudsman already cleared Aquino over a criminal complaint concerning the DAP but found probable cause to indict Abad.

Despite this, Aguirre explained the NBI can still file a complaint using evidence in its possession.

Last September, the Coalition for Investigation and Prosecution led by former councilor Belgica submitted to the DOJ pieces of evidence allegedly showing misuse of DAP funds, which the Supreme Court had partially voided and declared unconstitutional.

Belgica wants an investigation on the alleged discrepancy of P2.6 billion from DAP spending and pursue cases of malversation of public funds with aggravating circumstances against Aquino, Abad and former DBM undersecretary Mario Relampagos.

The documents also showed that P6.5 billion from the P144-billion DAP funds of the previous administration was allocated to various local projects that were not itemized in the budget. 

Aguirre stressed that investigating anomalies during the previous administration is a mandate of the Duterte administration, especially since it was one of his campaign promises.