Still no evidence of bribery in 'Alabang Boys' drug case

The independent fact-finding committee investigating the “Alabang Boys” drug controversy still found no evidence that would substantiate the allegations of bribery against the prosecutors who ordered the dismissal of the drug charges.

On its second day of hearing yesterday, the committee failed to locate any evidence that would prove the allegations that prosecutors of the Department of Justice (DOJ) had been bribed to drop the charges and order the release of the three suspects.

The three-man panel created by President Arroyo to look into the bribery allegations heard the testimony of journalists who reported the story and its developments.

The panel later ruled that media reports on the alleged bribery of fiscals – specifically of The STAR, which quoted unidentified sources – could not be admitted as evidence.

Panel member Fr. Ranhilio Aquino, dean of the School of Law of San Beda College, said the reports might be asserted as a matter of fact but “that can’t be used for any evidentiary purpose whatsoever because it cannot be checked.”

The committee cited articles of this reporter and fellow STAR reporter Mike Frialde, who were made to explain during the hearing how the story on the alleged bribery came about.

The sources of the stories were not revealed during the proceeding, which prompted the panel to call for a closed-door session with the two reporters.

This reporter maintained the source of the story is credible while Frialde said he did his job by getting the side of the DOJ prosecutors.

After their testimonies, a parent of one of the drug suspects handed a note to the journalists expressing their sentiment.

“You have to remember, whatever it is you do to others will definitely come back to you a hundredfold. Hope that it doesn’t come back to you and your family and loved ones, because it will be very, very painful and sad. You would never wish it on your worst enemies,” the note stated.

The panel also called on The STAR columnist Jarius Bondoc and broadcast journalist Ricky Carandang of ABS-CBN.

Bondoc failed to attend the hearing because of an earlier appointment while Carandang answered questions from the panel later in the afternoon.

After grilling the journalists, the panel proceeded to question the members of the Philippine Drug Enforcement Agency (PDEA) team that arrested suspects Richard Brodett, Jorge Joseph and Joseph Tecson on Sept. 20 last year.

Operatives of PDEA Special Enforcement Services were asked how they effected the arrest.

Another member of the panel, retired Sandiganbayan justice Raoul Victorino, questioned the apparent flaws in the affidavits submitted by the PDEA team to the DOJ.

Among the issues raised were the abrasions and concussions in the bodies of the suspects after the arrest.

The agents claimed they used “reasonable force” since the suspects initially resisted arrest. They said some of the wounds might be self-inflicted.

The panel asked the PDEA team why the physical condition of Brodett was not explained in their affidavit of arrest.

It was also found that the agents did not specifically know Brodett as the subject of the operation.

DOJ prosecutors immediately welcomed the development at the independent investigation.

“They presented no evidence. And even the former justices who are highly reputable said there were loopholes in the operation of PDEA,” Chief State Prosecutor Jovencito Zuño said.

Zuño and the other prosecutors implicated in the scandal – State Prosecutor John Resado and Senior State Prosecutor Philip Kimpo – have denied taking bribes as the suspects remain under the custody of PDEA on the ruling of the Court of Appeals in the petition for habeas corpus of their families.

Parañaque Rep. Roilo Golez, for his part, urged the involved prosecutors and DOJ officials to issue a bank waiver to allow the House committee on dangerous drugs to look into all of their bank accounts.

Golez made his call known during the committee’s deliberations Thursday, where he gave Undersecretary Ricardo Blancaflor a “draft waiver” to see whether he would be amenable to its contents.

Golez, who served as national security adviser, said it is not enough that Blancaflor decided to waive the secrecy of his bank account with Metrobank that has been the subject of an anonymous email saying it allegedly contained P2.6 million, implying it came from a drug bribe.

Golez also suggested to committee chairman Ilocos Norte Rep. Roque Ablan that waivers should be in general, not just limited to one account.

Blancaflor, however, begged off from signing the draft waiver. The rest of the DOJ prosecutors were absent during the hearing Thursday, since they attended the hearing of the independent fact-finding panel at the Supreme Court in Manila.

Blancaflor and Resado have been accused by PDEA’s Marcelino of allegedly receiving bribes from the parents of the Alabang Boys.

Resado, under whose name the P800,000 was deposited in the Banco de Oro account in Bacoor, Cavite, confirmed the money in the account but denied it was a bribe, saying it came from a housing loan he and his wife availed of.

Resado added the money was a result of the investment he made in the lending business of his sister-in-law.

Resado later invoked his right against self-incrimination in the succeeding congressional hearings over the issue.

Blancaflor, Resado and their superiors Kimpo, Misael Ladaga and Zuño maintained the drug case against the three suspects had loopholes.

The case is now under automatic review by Justice Secretary Raul Gonzalez who has yet to issue a ruling, either upholding the decision to throw out the case for lack of probable cause, or reverse it and order the indictment of the Alabang Boys. –With Delon Porcalla