PDEA, prosecutors at war over Bagul
REMINISCENT OF ALABANG BOYS’ CASE
REMINISCENT of the case of the celebrated Alabang Boys in Metro Manila, the Philippine Drug Enforcement Agency (PDEA) in Region 1 has found itself in a major conflict with the Prosecutor’s Office in Dagupan City.
The bad blood between the two government agencies today stems from the release of Datu Michael Bagul, tagged as the leader of a notorious Bagul group involved in illegal drug dealing, barely two days after his arrest on March 21 at 3:00 p.m.
His release was ordered by City Prosecutor Pelagio Palma who maintained that Bagul had to be released as his detention by PDEA exceeded the legally allowed maximum time for filing the case for inquest.
PDEA has sought a motion for reconsideration but this has again been denied in another resolution on March 27 issued by 3rd Assistant Prosecutor Ferdinand Parayno.
PDEA accused Palma of using a minor technicality so that Bagul would not be held for an unbailable offense.
Palma denied this, insisting that he ordered Bagul’s release because the required number of hours within which to file the case for inquest, from the time of the suspect’s arrest, had lapsed.
Parayno, in his resolution, stated: “Obviously, the complainants (PDEA) were late in submitting their case for inquest for as much as 10 hours leaving us without any other recourse but to order the release of the respondent from custody”.
The law states that the suspect must be brought for inquest within 36 hours upon arrest without unnecessary delay.
PDEA allegedly exceeded the reglamentary period by 10 hours when they filed the case for inquest at 1:50 p.m. of March 23 (Monday), Palma stressed.
Since Bagul was arrested at 3:00 p.m. of March 21, the 36-hour rule lapsed at 3:00 a.m. of Sunday, March 22.
Bagul was arrested by PDEA Agent Roland Martin Roquero and PO1 Edwin Vallo in the act of selling one heat-sealed plastic sachet of shabu (methamphetamine hydrochloride) in front of his store at Fernandez Street in Barangay 2, Dagupan.
Palma denied the allegation of PDEA that its agents could not file the case within the period prescribed by law because the City Prosecutor’s Office was closed.
Palma said this was a lie because their office is open every Saturday from 8:00 am. to 5:00 p.m. and the whole day of Monday. The case was filed by PDEA at 1:50 p.m. that day.
“We actually helped them (PDEA) by releasing the suspect because they are liable for arbitrary detention. We too might be accused of connivance with them if we filed the case before the court,” Palma said.
PDEA Regional Director Roberto Opena said his agency will not take the matter sitting down and will pursue the case.
Insisting that PDEA was at fault, Palma said he welcomes Opena’s complaint with the Justice Secretary.
Nonetheless, Palma said even if Bagul was released “we can not dismiss the case”, pointing out that his case is still under ordinary preliminary investigation.
EARLIER CASE
At the same time, Palma admitted that he dismissed the January 30, 2008 drug case of Bagul and reduced the charge of his wife Analiza to mere possession of illegal drugs instead of selling illegal drugs.
In that case, he said, Bagul filed his counter-affidavit and thereafter he dismissed the case against the latter when PDEA could not present the money supposedly used in the buy-bust operation.
Also, the serial number of the supposed marked money was not recorded in the police blotter, PDEA report, nor in the latter’s affidavit of arrest, thus raising doubts if a buy-bust operation actually took place.
He added the PDEA report cited confiscation of three grams of shabu but the laboratory examination indicated there were only 0 .4 gram. Under Section 21 of the Anti-Drug Law, there was already ‘mishandling’ of the shabu evidence, Palma said.
Further, the confiscation receipt was not signed by the accused, Bagul and Analiza, or of a representative of barangay officials, media and local officials.
“The alleged buy-bust operation in that case was not appreciated by our office,” he said.—LM
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