Related story: Arroyo gags PDEA regional official
by Evangeline de Vera
Malaya
The National Bureau of Investigation has submitted its report to the Department of Justice clearing state prosecutors implicated in the bribery scandal involving the so-called “Alabang Boys.”
But the NBI, which is under the justice department, found basis to charge Marines Maj. Ferdinand Marcelino with obstruction of justice for refusing to appear before its investigators.
Marcelino, head of the Special Enforcement Services of the Philippine Drug Enforcement Agency, led buy-bust operations in September last year, which resulted in the arrest of Richard Brodett, Joseph Tecson and Jorge Joseph.
Marcelino made public an attempt to bribe him in exchange for dropping of the charges filed by PDEA against the three drug suspects before the justice department.
He made the revelation following the dismissal of the charges by the state prosecutors, who belong to the justice department’s anti-narcotics task force, on the ground of legal lapses committed by the PDEA in arresting the suspects.
Some of the task force members have been placed by Justice Secretary Raul Gonzalez on indefinite leave on orders of President Arroyo.
After getting wind of impending dismissal of the charges, PDEA chief Dionisio Santiago floated a P50 million bribery attempt on the prosecutors.
PDEA is opposing the dismissal.
It declined to comment on the NBI report. “We will abide by the President’s order to put an end to the word war,” said Derrick Carreon, chief of PDEA public information office.
Gonzalez said the NBI report will be submitted to President Arroyo. The President is also expected to rule whether the prosecutors who were forced to take an indefinite leave will be allowed to return to work.
Gonzalez and the prosecutors led by Chief State Prosecutor Jovencito Zuño, who is head of the task force, said they felt vindicated by the NBI report
“There is no sufficient evidence (bribery on the prosecutors) because there really is none. The PDEA chief admitted (his move to float the P50-million bribe allegation was) just to psych-war the DOJ officials so they will not dismiss the charges,” Gonzalez said.
The 33-page report signed by NBI Special Task Force investigator Dulce Ricafort said: “The bare and hearsay assertions of the P50 million bribery can’t overturn the presumption of regularity in the performance of the duties of members of the anti-narcotics task force of the DOJ in issuing the Joint Inquest Resolution dated December 2, 2008.”
On Marcelino’s refusal to appear before the NBI and preference for a separate probe body, the report said: “Marcelino’s referral to a separate body is unjustifiable knowing that the nation’s security and integrity of the justice system is being threatened by their ‘unverified’ and ‘raw’ information which would eventually lead to mass hysteria and prejudice.”
Santiago said Marcelino would appear only before an “independent body.”
He also said the NBI report is not yet final as it would be forwarded to the independent body being formed by Gonzalez.
Gonzalez confirmed this but said the composition of the independent panel has yet to be completed. He said no retired Supreme Court justice or bishop would agree to join the panel of investigators.
“The NBI, no matter how impeccable their report may be, will still be questioned because the NBI is under me. That’s why I’d prefer an independent body,” he said.
Gonzalez said with the NBI report, he has revoked the designation of Senior Assistant Chief State Prosecutor Severino Gana as acting chief state prosecutor.
Zuño asked the President to recall the leave order imposed on him, three state prosecutors, and Justice Undersecretary Ricardo Blancaflor so they can “move on.”
Solicitor General Agnes Devanadera said she has formed a task force that would look into pending and dismissed drug cases. Among these are some 200 “big and sensational cases” and 12 involving big international syndicates “which were dismissed for various reasons.”
The task force is composed of 16 senior and junior lawyers and Devanadera said the creation of the body is part of a united front with the PDEA and other agencies in the campaign against illegal drugs.
Review of the 12 cases will be completed in two weeks and the 200, in a month, she said.
PDEA records show that since 1995, at least 99,700 cases have been filed in court, with some 78,000 still pending. Of those filed, 6,862 cases led to convictions and 6,667 cases ended in acquittal. – With Ashzel Hachero and Raymond Africa
How can a subordinate prosecute his boss? How can a son charge his father? Only an idiot would believe that NBI would come up with a fair decision. NBI is under DOJ; and DOJ is under Malacanang…and Malacanang is under the Evil Bitch…and the Evil Bitch is under the drug syndicates.
They really think the public is stupid.
Ellen, sometimes I’m beginning to think the public is indeed stupid. For why does the public allow them to do this again and again for eight years?
I have the same frustration, BE.
I don’t think the public is stupid. Our sense of values has been dulled.
I can feel that, Ellen. You’re still awake at this hour; so you must be very frustrated. But, you should be consoled by the fact that thousands of Marcelino, Trillanes, Lim and your loyal bloggers here support you. Without you, how could we go on?
Gloria Arroyo is guilty of obstruction of justice for harboring election manipulators, economic saboteurs and plunderers. She blocked, dragged, manipulated and concealed official government investigation reports on alleged crimes against the Filipino people. The NBI finding on DoJ bribery scandal is not credible. I believe it’s a whitewash to save their (Raul Gonzalez) boss’ ass. Kumita na.
The problem with this “investigation” is that it relies too heavily on testimonial evidence (affidavits). Testimonial evidence from the suspects is self-serving. Even if Marcelino appeared, it would have been a case of he said/she said.
Were this to have taken place in the First World, the investigating agency would have done some sleuthing to gather physical or electronic evidence (phone calls to Santiago or Marcelino from “interested parties”, any text messages). Bank records would have been scoured to see if any deposit or cashing was made, or any parking done, preparatory to the payoff of 50 Million pesos.
Similarly, phone calls to, or from Blancaflor, and maybe even a fingerprint analysis of the “draft” – baka naman yung alleged letterhead “lying around” in Verano’s office was actually handed to him more recently.
As it is, the NBI has been relegated to a quasi-fiscal – hearing testimony, and weighing affidavits. Para que pa? The legislature is doing the same thing.
Like Keith Richards of the Stones said, “Talk is cheap”. Ganyan din yang resolution na yan, dahil based sa tokis (talks – affidavits), cheap din ang dating.
Ngayon naman, si Devanadera naman, will also investigate. We are an investigating country. Were this done in the scientific field, a Pinoy might have already discovered the cure for AIDS.
Even the old shit Goonzalez admitted that the NBI finding would be questionable since the agency is attached to DOJ. If this is so, why order the NBI to investigate the case?
“Marcelino’s referral to a separate body is unjustifiable knowing that the nation’s security and integrity of the justice system is being threatened by their ‘unverified’ and ‘raw’ information which would eventually lead to mass hysteria and prejudice.”
Huh? The revelation of a bribery attempt on PDEA and the strong indications that DOJ might have accepted the bribe is now threatening national security? Integrity of the justice system – is there any? The only hysteria that we saw was the prosecutors’ overacting response to their suspension, red armbands, insincere “threat” of mass resignation and all that.
The fact remains that big-time pushers and major shabu manufacturers were caught in the act and yet they were dismissed despite their international notoriety.
What’s the anti-drug czar gonna do? Create another task force to investigate the other task force? Then what?
This evil government places more value on technicalities than evidences. If there was some questions in the buy-bust operation, what about the evidences on hand? Change we can. We can change this government and the fake leader if we want to. But…we are not.
A ewan! Sabi nang unahing bugbugin ng sarado at katayin ang pekeng presidente e!
Gumawa na nang kabayanihan ay sya pa ang ididemanda for obstruction of justice. Hhhmmmmpppp!
What can the madlang pipol do?
1. Rally –> not possible, no rallies allowed in Manila, thanks to Erap’s katangahan for choosing Lim as Mayor of Manila instead of Lacson.
2. Do not pay taxes –> not really effective because evat is already embedded on almost all goods and services sold, unless businesses nationwide will not remit taxes to the fake government of bansot.
3. Media –> not a chance, mainstream media and reporters are receiving tongpats from bansot.
4. Military –> hopeless, I agree though that there are nationwide disgruntled military personnels against this illegitimate government of bansot but there are no organized or coordinated resistance.
So, What can the public do? NOTHING!
Pidal mafia are killing all types of opposition like students, reporters, and provincial oppositions. Those that are high profile personalities that they cannot kill, they just put them in jail.
So, what can the public do? NOTHING!
Erap was not stupid in supporting Fred Lim. Lim betrayed Erap for the nth time. But just the same, Lim attended Dona Mary’s wake.
Come to think of it. This is nothing but a show of a very bad Filipino trait that a lot many Filipino themselves in fact complaint about and even named “crab mentality!” In short, mainggitin! Nainggit lang iyong mga NBI na unggoy sa mga masisipag sa PDEA, kaya iyan, declared persona non grata pa iyong masipag na gustong lipulin ang mga drug lord sa Pilipinas.
Betcha magdadagsaan ngayon ang mga pinuno ng kartel sa Colombia, etc. sa Pilipinas where they can be free to do their thing basta may kupit iyong mga magnanakaw sa Malacanang lalo pa Anti-Drug Czarina (kuno) na iyong No. 1 Enemy of the Filipino Nation.
Kawawang Pilipinas! Di mo na maipagmalaki sa totoo lang. Kaya nga itong isang pilipino doon, kinukulili ako kung papaano daw magkaroon ng Japanese passport. Inangkopo!
corr. complain about…..
Will you clarify, why you are saying it is not stupid to support Lim as Mayor instead of Erap?
correction:
instead of Lacson?
So will they now arrest Marcelino and jail him?
Hahah, baligtad talaga sa Pinas!
Ellen: Our sense of values has been dulled.
*****
Sinabi mo pa. Wala na ang karamihan ng tinatawag na “sense of right and wrong.” Iyan ang klase ng lipunan na winawasak ng Panginoon sa totoo lang. Remember Sodom and Gomorrah? Ang prediction nga, lulubog ang Pilipinas at mawawala sa mapa! Heaven forbid!
Anna:
I bet you nainggit iyong taga NBI kina Marcelino, the no. 1 reason aside from the prodding of the Malacanang Mafia that they are now after Marcelino. Iyan ang crab mentality!
NBI is National Bureau of Injustice.
The Filipino has lost its moral bearing. We are near totally losing our capacity for outrage against misdeeds such as the sins of GMA and her administration. Any one who comes forward to show outrage and witness against corruption, stealing, killing and substance abuse will have to end up as a martyr. Even the church leadership has been corrupted. What the RC priests preach during mass are empty words. They read from the bible but do not live by its word. They scare their parishioners of punishment in hell but allow the corrupt to make hell on the people. So,its now Marcelino who is to be the accused after exposing corruption in the DOJ. Who will now have the courage to come forward and show and witness against evil in GMA’s administration? Nobody! We all will be damned.
# etcetera Says:
January 20th, 2009 at 6:59 am
Will you clarify, why you are saying it is not stupid to support Lim as Mayor instead of Erap?
# etcetera Says:
January 20th, 2009 at 6:59 am
correction:
instead of Lacson?
…..Lim wooed Erap into submission. Lacson gave way in respect to Erap’s wish. It was Erap who also helped Lim in his bid for Senator. But then, a traitor is a traitor. Okay, we can call Erap stupid if only to end this discussion.
Please lang, let’s not clutter the discussion with this era-lim feud.
Erap is not the topic here.
I will erase in this thread discussions on that topic.
Sabi ng kaibigan ko sa DEA namin dito, isang problema daw iyan ng Pilipinas ang inggitan sa PDEA at NBI kaya nahihirapan daw silang maki-cooperate sa mga DEA ng Pilipinas. Maski daw iyong mga kano walang magawa.
Sa totoo lang pag nakakarinig ako ng ganitong information, nahihiya ako. Ikinahihiya ko iyong mga mokong sa Pilipinas lalo na ngayong kriminal iyong kinikilala nilang pinuno. Kitang-kita ang sama ng ugali ng mga may crab mentality sa totoo lang. Pati trabaho tuloy di magawa kaya por diyes por singko, sa sampung pilipino yata 3 lang ang hindi addict, mayaman man o mahirap, at iyong mga drug pusher at gumagawa ng shabu, etc., may police and political patrons pa.
Kawawang bansa!
Who knows, baka next time, marinig na lang natin na si Escobar nasa Pilipinas na protected pa ng mga Mafia ng Malacanang. Pero teka, buhay pa ba si Escobar?
Ang alam ko for a fact, maraming fugitives from the law at mga yakuza sa Hapon nagtatago sa Pilipinas, at pag pumupunta pa sa mga Casino, etc., may police escort pa! Yuck!
Ginagago tayo ng arroyo gog’t. Tingin ko hindi matatapos ni gloria ang 2010. Hindi na makapagtitiis ang mga pinoy na nagugutom.
‘lang’yang buhay ‘to, oo!
sino ba ang humaharang sa imbestigasyon ng kaso, si major marcelino o raul gonzalez na gago?
itong NBI (Nahihilong Bureau of Investigation) ay wala sa katinuan ang desisyon. sobrang masunurin sa gusto at kiling sa sira ulong sickretary of justice who had been doing injustice to our nation by misinterpreting laws and siding with the moneyed and well connected criminals like him.
‘tangna naman, oo!
this is the result of having so many agencies with same and/or related missions but whose heads were politically attached and allied with the fake head of the state.
inter-agency feuds do hamper the smooth flow of investigations on cases involving kins of government executives who, despite the fact being caught red handed are most of the times and always sided and defended by the ash-brained secretary of justice.
only in the philippines this happens.
Magno: this is the result of having so many agencies with same and/or related missions but whose heads were politically attached and allied with the fake head of the state.
*****
Sinabi mo pa. Tapos iyong sundalo akala niya mas mataas siya sa mga pulis and vice-versa. Bobo talaga!