BY EVANGELINE DE VERA

JUSTICE Secretary Raul Gonzalez yesterday placed on indefinite leave Undersecretary Ricardo Blancaflor, Chief State Prosecutor Jovencito Zuño and three other members of his department’s anti-narcotics task force who were implicated in the controversy involving the dismissal of charges against three arrested drug suspects.

Gonzalez last Friday told the members of the 20-man panel led by Zuño to stay put. On Sunday, President Arroyo ordered all justice department officials and prosecutors who were alleged to have received bribes to go on leave.

The panel members have offered to resign after receiving flak for their recommendation to dismiss the charges against Richard Brodett, Joseph Tecson and Jorge Joseph.

The dismissal, which the panel said was based on lapses committed by arresting officers, was opposed by the Philippine Drug Enforcement Agency which bagged the three suspects in buy-bust operations in September last year in Quezon City and Muntinlupa.

A PDEA official has also made public alleged bribe offers in exchange for dropping the charges the agency filed before the justice department.

Other developments:

• Gonzalez and Zuño said it should not only be the prosecutors who should go on leave but also the PDEA agents.

• Malacañang said it is not asking PDEA officials to go on leave because they are not the ones accused.

• Rep. Roilo Golez (Ind., Parañaque) said Gonzalez should resign because Arroyo’s order for the officials to go on leave has "reversed his protective stance towards his prosecutors."

• Former Senate president Franklin Drilon said Arroyo should include Gonzalez in her leave order. "The President’s order is half-baked and will not satisfy the public clamor for a thorough and impartial investigation of the justice department," he said.

Also placed on leave pending investigation were senior state prosecutor Phillip Kimpo, and state prosecutors Misael Ladaga and John Resado, who signed the Dec. 2, 2008 resolution dismissing the charges against the suspects.

Kimpo had reviewed the resolution which was later upheld by Zuño.

DEFECTIVE BUY-BUST

Zuno insisted the panel only appreciated the evidence presented by the PDEA agents.

"There are violations of constitutional rights that made the buy-bust operation defective. We cannot sanction that," he said, adding they are still awaiting the outcome of the petition for habeas corpus filed by two of the suspects before the Court of Appeals.

Blancaflor, who has admitted to talking to the PDEA about the release of the suspects, insisted he applied for only a five-day leave. He said he will leave it up to Gonzalez for approval.

UNFAIR ORDER

Zuño protested Arroyo’s order, saying it was "unfair" to him and the other members of the task force.

"Lumalabas na kami pa ang may kasalanan. Bakit di na lang natin hintayin ang (automatic) review ng kaso? Kaming mga prosecutors, hindi kami sanay sa ‘psy-war’ (psychological warfare) ng PDEA," he said.

Gonzalez issued Department Order No. 4 designating senior assistant chief state prosecutor Severino Gana Jr. for the duration of the official leave of absence of Zuño.

NEW PANEL

Gonzalez said he was ordered by the President also to create an independent panel, composed of retired justices, which would collate findings of the NBI on the alleged bribery. The panel will also determine how the alleged bribery swayed dismissal of the charges.

Assistant Chief State Prosecutor Richard Anthony Fadullon said so far there has been no evidence presented by PDEA clearly pointing that any bribe has been given or received by any prosecutor of the DOJ.

Gonzalez and Fadullon said an unseen force is orchestrating a plot to pit the two government agencies against the other.

On Golez’ resignation call, Gonzalez said: "If that would make him a senator in 2010, that’s okay. I don’t cling to position. It’s up to the President."

PDEA CLEARED?

Gonzalez defended Arroyo’s leave order, saying it was more than just a political decision because she was deeply upset by the allegations of bribery at the DOJ.

Anthony Golez, deputy presidential spokesman, dismissed statements that the Palace exonerated the PDEA, saying the issue is about bribery and the accuser is the PDEA and the ones accused are the DOJ officials "so the leave of absence should be on the accused."

NEW DOJ CHIEF

Rep. Golez is proposing that his colleague Rep. Mauricio Domogan (Lakas, Baguio), one of those who have been defending the President against all the impeachment attempts against her, be appointed by the President as Gonzalez’ successor.

Golez said the Cordillera Administrative Region, which Domogan represents, deserves representation in the Cabinet.

QUESTIONABLE DISMISSAL

Drilon said the PDEA has also questioned the dismissal of nine other high-profile drug trafficking cases by prosecutors under Gonzalez since 2003.

He said Gonzalez himself was implicated in the questionable release of a Chinese national identified as Lucky Ong who was arrested during a raid in a shabu laboratory in Zamboanga City last year.

Senior Supt. Adzhar Albani, chief of the PDEA in Western Mindanao, had complained that prosecutors received an order from Gonzalez to drop the charges against Ong, he said.

Drilon said Albani brought up the case to the attention of media to backstop claims by PDEA officials in Manila that DOJ intervention had led to the dropping of other illegal drug cases similar to the case of the "Alabang Boys."

He said Ong was reportedly already undergoing court trial for five months when Gonzalez ordered him dropped from the charge sheet on Oct. 23, 2008.

"The excuses cited by Gonzalez were `wrong arrest’ and `insufficient evidence,’ which at that point was already for the judge to determine, Drilon said.

DOJ FIXER

Drilon said it would be difficult for Gonzalez to investigate Ong’s case as well as other media reports that a certain "fixer in the DOJ by the name of Alex Tan" was behind the rash of dismissals of illegal drug trafficking cases in the DOJ.

He said the cases involved raids on a shabu lab in Naguilian, La Union in July last year, on another shabu factory in Sta. Cruz, Laguna last October, on a Subic shabu transshipment last May, and a Makati City buy-bust operation in February last year.

DEMORALIZATION

Sen. Richard Gordon said Arroyo’s order would not help solve the issue.

"Taking a leave of absence would not put closure on allegations of bribery but rather, extend unfairly the same allegations. Worse, it might cause demoralization among the ranks of our able and honest government prosecutors," he said.

Sen. Lacson lauded Arroyo’s order.

"Kahit mahulog ka pa sa kinauupuan mo ngayon, nais kong bigyang papuri si President Arroyo sa kautusan niyang pagbakasyunin ang mga nadadawit na DoJ officials sa usaping Alabang Boys," he said.

He also said that the fact-finding committee should hasten its investigation to clear the names of those who have been dragged in the controversy.

Sen. Francis Pangilinan expressed hope the initiative would not end up in the "suppression of the truth or a whitewash" which has been the sad outcome for quite a number of controversies involving the Arroyo government.

ALL DISMISSED CASES

Sen. Pia Cayetano said if an independent investigation would be conducted by the administration, it should include all high-profile cases dismissed in the past.