Last September, agents of the Philippine Drug Enforcement Agency (PDEA) arrested and charged Richard Santos Brodett, Jorge Jordana Joseph, and Joseph Ramirez Tecson for the use, possession, and sale of illegal drugs.
The PDEA saw it as an “open and shut” case. Prosecutors from the Department of Justice (DOJ) agreed. But not in the way the PDEA expected.
The DOJ’s prosecutors threw out the drug case on the grounds that the PDEA agents acted illegally, carrying out warrantless arrests and searches.
Chief State Prosecutor Jovencito Zuno explained what happened, “The car’s rear compartment was forcibly searched. Therefore, any object seized during the search is inadmissible for having been unlawfully obtained.”
He cited two other grounds for dismissing the case:
1. The suspects were arrested indiscriminately thus illegally,
2. the confession of one of the suspects was made without his counsel.
A lawyer for the suspects added, “It was a buy-bust, yes, but an illegal buy-bust. Even if they have evidence, that becomes inadmissible if the evidence was obtained illegally.”
PDEA director Dionisio Santiago could only say, “That’s always their reason. They will cite you on a technicality.”
Well, Mr. Director, technicality is what due process is all about. Due process is what prevents our society from becoming a police state. It’s unfortunate you don’t put too much value on due process and the rule of law.
You showed your disdain for the rule of law when you admitted to reporters last May that your agents engage in “farming”, police jargon for planting evidence on suspects.
You even justified the illegal practice.
You said,
“We sometimes do this although this is against the rule of law. Definitely we only apply this matter to some cases, like a subject who is publicly known to be peddling drugs but always escapes arrest. This is when we enter the picture.
“But PDEA operatives make sure that they (known drug traffickers) won’t know that we put planted evidence. We are doing this because we want to neutralize big personalities engaged in the illegal drug trade which destroys the future of the youth.
“This is a remedy that we sometimes undertake so that we can put to rest some people. Kesa naman patayin natin e di plantingan na lang natin para mabilanggo. Alam niyo to kill a cat there are so many ways, pero hindi naming gagawing very obvious ang planting. (Rather than killing them let’s just plant evidence so they go to jail. You know to kill a cat there are so many ways, but we won’t make very obvious the planting.)”
Although a few days later you said you only made the remarks in jest, the damage has been done. Henceforth, any drug case you file will become suspect. There might even be reasonable doubt for all your previous cases. Sadly, your agency was made inutile by your frivolous remarks.
There’s no doubt Director Santiago’s intentions are good but good intentions are no substitute for adhering to due process and the rule of law. Law enforcers should always remember that they are agents of the law not the law unto themselves.
Popularity: 1% [?]
If those very words are uttered by the PDEA Chief himself, then what else is there to the case of the Alabang boys but mere trumped up charges to make PDEA look good in terms of pogi points.
Besides, knowing that Major Marcelino is an active officer of the Philippine Marines, what else is there to it again in the manner they conduct their operations against drugs pushers or users. As they say, tell it to the Marines, meaning to say, tell it to the moroons (forgive my rather bold assertion but that is what the popular phrase really meant) – but no offense intended.
The Rule of Glo…
is
A rotten case.
If we can’t send rich kids to jail using innuendoes and inadmissible evidence, then how to kick GMA out of Malacanang using GARCI-conversations or the lamentations of an outraged CBCP?
Pinas needs a 2009-constitutional amendment. This constitution-constitution thing should be discarded when the guilty are obviously guilty (like when Senator Trillanes, deQuiros, Ding G, the president of UP-Diliman student council and Bambee delaPaz all agree).
Seriously, though, I don’t give a damn about Bambee dela Paz’ opinions, nor those of Trillanes. de Quiros as judge and jury over any and all is enough since deQuiros’ self-avowed love of country makes up for any sloppiness in his deductive reasoning as in de Quiros saying that Cory was insane for apologizing to Erap about her role in Edsa Dos.
Unbelievable. You know what this means? Most prisoners are innocent, technically speaking. I would so much pay more taxes to have our police retrained and constantly retrained. Not because of stupidities such as this. I’m no lawyer but from the above I’d say our legal procedures are too Americanized, especially when the perps have pricey lawyers. Our democracy is obviously not about equality but inequality. Buencamino knows a lot of people go to jail on a yearly basis even when arrests are illegal. Wala lang magaling na abogado.
I mean, I’d pay more taxes to retrain the police to avoid tragedies such as the Paranaque shoot out.
there are good lawyers in our country but it is a profession that must make money to sustain. There’s no money to be made from the poor. The government’s support to establish a strong independent Justice is lacking. The implementation of the rule of law in our country is to send guilty poor people to jail and exempt the rich kids from going to jail. Our country is too backward in terms of governance and inaction. It’s doing the opposite of what is right. The inaction is a liability and a burden to the people.
kapuy kaayo ang pinas uy. it’s too sad and depressing for the people. It’s a night and day of the living dead. sorry but i’m not in my positive mood today. :)
in an imperfect system (no system can be perfect), sometimes people who don’t deserve punishment get penalized, and those who so deserve it go free. i think, eventually, it evens out, and as a general proposition, the system works. we just have to muddle through and do the best we can, for the alternative is far, far more unacceptable.
in a democracy, the cardinal precept is that no one, but no one, should be condemned without due process of the law.
leytenean @ 2:06 am, what profession doesn’t need to make money to “sustain” (sic) itself? can you support your conclusory assertions about the justice system in the philippines with specific facts?
bencard,
the link here is a commentary and it may connect to your question.
Manila sees human rights lawyers as ‘terrorists
From Global Integrity Report-
Peer Review Comments: The judicial system is one of the corrupt institutions in the country. Judgments in the criminal system are often decided by the ability of litigants to “PAY JUSTICE” so to speak. Cases abound in which innocent people are thrown in jail simply because they do not have the financial resources to hire good lawyers and influence the decisions of judges. Although the Department of Justice has the Public Attorneys Office, which provides lawyers to those people who cannot hire one, its financial limitations have affected the quality of lawyers it can attract to provide free legal services to the destitute. Bribery and corruption are common elements affecting decisions in the criminal justice process. Corruption in the judicial system has affected the ability of the state to enforce decisions.
Philippines Global Integrity Report on Rule of LAW is very weak.
“in a democracy, the cardinal precept is that no one, but no one, should be condemned without due process of the law.”
Not quite. Democracies in the past do not give criminals due process but they were considerably fairer and more even in the application of the law than the Philippines.
you are in the habit of citing “commentaries” which are debatable, at best and propaganda, at worst. those gentlemen, mentioned by one gerry corpuz in his article, appear to be mostly european and american leftists activists who happen to be (according to him) lawyers and judges. to me, these are ‘do-gooders’ with ideological libertarian agenda, using democratic precepts such as human rights to advance their cause that are often undemocratic. try to be intellectually discriminating enough to distinguish gold from bronze when browsing the blogs.
Besides, the police have been in the long-term habit of not following proper procedures. It’s not about right and wrong but who you are and who you know. What happens to the thousands of other cases that shouldn’t have been thrown out because rights weren’t read or the perps were arrested wrongfully? What about those kids in prison?
brianb, you are right if you were living in the past. maybe you don’t belong in this day and age. you can go back, you know – at your peril.
whatever is your beef about how the precept is applied in the philippines doesn’t detract one bit from its existence and validity.
UPnStudent,
Your unabashed idolatry towards my good friend Choy de Quiros is refreshing. You would actually make him dictator-judge-and-jury of the world. Hahaha. Can’t blame you. He’s the walking personification and distillation of the Sixties Protest Culture and still at it. Every column he writes is a one man protest demonstration and people power movement all in a train of outraged observations.
Too bad he doesn’t understand “blogging”–or is too comfortable hurling lightning bolts from Mt. Olympus on Pasong Tamo–safe from the rabble of minor voices, who might agree more with Cory on Erap for example, than this most consistent winner of the Catholic Mass Media Awards.
Filipinos have a very low image of the country’s justice system that there is a serious cry for a singular dictator-judge-jury. Neither Ellen Tordesillas, Imelda Marcos, Rina J-David, Bambi Harper, not even Cory quality — will never be able to send a son or daughter to jail, plus monthly chemistry undependability. Both you and Walden Bello would qualify, wicked enough to be efficient. However also have to be “knocked out of contention” for allegiances to other countries. Neither Ding G nor Nick nor blackshama nor the kid Marocharim would qualify — intellectual matters. Tulfo??? Can be bought, like some of the other members of the CBCP. MLQ3 would be a great candidate, pedigree and all, except him announcing LGBT means he’ll never get the mantle.
Above going-through-the-list already leads me to the conclusion that when all is said and done, the Philippines has no choice but to stay the course with its current judicial system with all its warts and diseased appendages. I can’t discount the allure of the “quick solution”, especially to a people who are romantic dreamers, a bit on the lazy side and still buy into the myth that in their lifetime the gods of the heavens will even out the score.
prosecutors, judges, and justices are corrupt. what else is new?
why is bribes allowed or encourage? Bail can be a form of revenue to strengthen our Justice system.
Hope for Philippines? Manila Dec 2008
The Asian Development Bank said Wednesday that it had approved a 300-million-dollar loan to help the Philippine government improve the integrity and efficiency of its justice system. The Manila-based bank said the loan would be used to increase budget resources, improve public expenditure management and introduce new internal controls in the judiciary.
“By supporting more competitive salaries and higher budgets, the loan is expected to reduce vacancies among judges and prosecutors, improve information and case management systems, and help cut delays in the justice system,” the bank said in a statement.
We have to support new programs in this country. The world has been watching. The Philippines cannot just sit and be embarrassed. I know for sure there are positive news out there and our role is to make things better by monitoring programs and its implementation. The result should be felt by many in the near terms. Near term is 6 months to 3 years. Patience please… and keep blogging. :)
UP n grad
Your taste in Dictator-Judge-n-Juror can’t be very demanding if the pundits your reject are of the shrill and shrieking variety anyway, plus Imelda Marcos.
I suppose I should be lachrymose you have “knocked me out of contention” for your favor as dictator-judge-n-juror. But what have I done to deserve the dastardly fate of being mentioned in the same sainted breath of yours as Walden Bello? The only true consolation is that in the same paragraph are my friends and colleagues, MLQ3, Ding Gagelonia, Nick, Blackshama and Marck.
–All are rejects of UP n grad for Grand Totum Factotum! — ” are romantic dreamers, a bit on the lazy side and still buy into the myth that in their lifetime the gods of the heavens will even out the score.”
You probably have a severe case of GOUT, just like your idol, Conrad de Quiros, whose tender vehemence is the goad and inspiration of so much brilliant vitriol at the redolent evils in our society.
May the “gods of the heavens” bless you and your gout.
Dapat ikulung yung mga PDEA na nagpaplant ng evidence.
May mga nababalitaan na din ako thru mga kaibigan na nabiktima ng PDEA planting of evidence. Tapos hihingi ng pera.
Mga walang kwenta yung mga ganung agents ng PDEA. Di ko naman nilalahat pero sinabi na mismo ng bossing nila eh.
Galing na mismo sa bibig ng bossing nila at sigurado ako na alam ng mga taga PDEA at DOJ ang practice na ito.
Kung talagang involved ang alabang boys, mabulok sila, but kung talagang nag plant ng evidence ang PDEA, eh mas mabulok sana ang PDEA sa kulungan. Itali sa puno at buhusan ng 3 drum na langgam (yung hantik pa), para matauhan.
PDEA must be abolished on ground it is part of their standard operating procedure to plant evidence.
Certainly, Congress is also to blame for crafting a law that opens the door to abuse by our law enforcement authorities.
I reserve my remarks whether or not Major Marcelino deserves praise just because he is now being associated with the Magdalo.
where did u get the text of his justification? is there a link at length? thanks…
gabbyD
Nasa major dailies yun quote ni Zuno