‘Release order’ traced
to drug suspects’ lawyer

JUSTICE Undersecretary Ricardo Blancaflor yesterday said the lawyer of the so-called "Alabang Boys" attempted to "feed" Justice Secretary Raul Gonzalez a release order for the three suspects caught in a buy-bust operation at the Araneta Center, Quezon City and in Alabang, Muntinlupa last September.

During the hearing of the House oversight committee on dangerous drugs chaired by Rep. Roque Ablan (Lakas, Ilocos Norte), Blancaflor named Felisberto Verano, a mistah at the Philippine Military Academy Class 1994 and Utopia fraternity brother at the Ateneo law school, as the one who sent the draft release order to his office last Dec. 23.

Verano is the lawyer for the so-called "Alabang Boys" namely Richard Brodett, Richard Tecson and Jorge Joseph. The three yielded 60 tablets of ecstasy, packets of marijuana and sachets of cocaine.

The three were not released from custody of the Philippine Drug Enforcement Agency (PDEA) as the case was still under review after the charges were dismissed by State Prosecutor John Resado, Verano’s former law student at the Far Eastern University.

Maj. Ferdinand Marcelino, head of PDEA’s Special Enforcement Services, also disclosed in the hearing that a Joe Tecson alias "Joetec" offered him P3 million in exchange for not filing the charges.

"Ano ba ang kalakaran? Tama na ba ang P3 million?" he quoted the caller as saying.

After ignoring the offer, Marcelino said a "mistah" from the PMA Class ’94 approached him to drop the charges in exchange for the same amount which he also declined.

Blancaflor said Gonzalez later admitted to him that he had a prior conversation with Verano and the parents of the suspects whose cases were dismissed for alleged technical lapses by PDEA agents.

NEVER ASSURED

However, he said Gonzalez told him that he never assured Verano that he would sign the draft release order which carried the DOJ letterhead.

Janet Payoyo, Blancaflor’s secretary, said she received the envelope containing the draft order, and asked Verano about its contents.

"We had already talked with Secretary Gonzalez," she quoted Verano. "Since it was for the Secretary of Justice, kailangan ma-forward sa kanya."

After finding out that it was a release order, Payoyo asked guidance from Blancaflor who referred her to Resado, the prosecutor in charge.

Resado ordered Payoyong to forward the "draft release order" to the office of Gonzalez which she did.

"Ang sabi niya po sa akin, may usapan na sila ni Secretary Gonzalez tungkol diyan (draft release order)," she said.

Verano, in an interview, confirmed Blancaflor is a fraternity brother.

Verano admitted he drafted the order.

Based on his account, he said that he had talked to Gonzalez to act on the release of the suspects, citing the December 2 resolution of the prosecutors. However, Gonzalez told him that he will first study the case.

He said Gonzalez’ statement prompted him to prepare the draft order. He said he dug into his files to get a sample of the DOJ letterhead.

Verano admitted that his act of preparing a draft order for Gonzalez’ signature was not normal procedure, but justified this by saying that his clients were getting desperate as Christmas was getting near.

"I asked if they could release the boys even temporarily, in the spirit of Christmas," he said.

‘TATLONG MANOK’

Tecson’s father, Joselito, belied allegations that he called up Marcelino and supposedly offered him "tatlong manok," or P3 million, for the release of his son.

"I never called him up. Hindi ko naiintindihan ang tatlong manok. Hindi ko siya kilala, and I never offered them money," he said, adding that PDEA should be more responsible with their accusations.

Rep. Roilo Golez ( Ind., Parañaque) questioned the practice of lobbying in the DOJ, saying it should be reviewed by Congress.

"I cannot understand the temerity and presumptuousness of this lawyer (Verano) to feed draft documents to Secretary Gonzalez," he said.

Bayan Muna party list Rep. Teodoro Casino questioned Gonzalez’ "awkward" practice of entertaining lawyers and litigants with pending cases before the DOJ.

Rep. Darlene Antonino-Custodio (NPC, South Cotabato) suggested that Verano be subjected to an investigation for violating the Code of Legal Responsibility.

PROSECUTOR CHIDED

Congressmen took turns lambasting Resado for dismissing the case.

Golez slammed Resado for not clarifying the information filed before him.

Rep. Elpidio Barzaga (Kampi, Cavite), a lawyer, insisted that in dismissing the charges, Resado anchored his arguments on the defendants’ affidavit.

Barzaga belied Resado’s claim that a fiscal acts as a judge during the preliminary investigation, citing the Supreme Court’s ruling in Bautista vs Court of Appeals that a prosecutor "does not determine guilt of innocence of the accused."

Resado said PDEA might have "short cut" the operation because only one operative conducted the buy-bust operation when the operatives should be stationed "strategically within the vicinity so they can respond when necessary."

But PDEA director general Dionisio Santiago clarified: "Hindi ho single-man team ‘yan. There was the arresting team na kasama ho ng poseur buyer on signal, nagka close-in ‘yan."

Marines commandant Ben Dolorfino said he hopes Marcelino would be guided and motivated by the Marine core values which are honor, valor and duty.

"I expect him to be a true Marine and give his best in any job that he might be involved in," Dolorfino said.

Marine Lt. Col. Edgard Arevalo, spokesman for the Navy, advised Marcelino to stand up for what he thinks is right.

"He was telling me that he stood up against the offer and on the matter of having the suspects released," said Arevalo.

SHOW CAUSE

The families of Brodett and Tecson filed a writ of habeas corpus at the Court of Appeals for their sons’ temporary liberty.

Petitioners asked the CA to order officials of PDEA to show cause for the restraint and detention of the subjects.

Named respondents were Santiago, Maj. Marcelino and Atty. Alvaro Lazaro.

Brodett was arrested in Alabang, Muntinlupa along with Jorge Joseph. Tecson was arrested in Araneta Center in Quezon City.

They were charged with violation of the Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165).