Pubdate: Tue, 20 Jan 2009 Source: Philippine Daily Inquirer (Philippines) Copyright: 2009 Philippine Daily Inquirer Contact: http://www.inquirer.net/ Details: http://www.mapinc.org/media/1073 Authors: Norman Bordadora, and Jeannette Andrade Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.) NBI CLEARS DOJ OFFICIALS No Proof Of Bribery; Marcelino Faces Raps MANILA, Philippines - The National Bureau of Investigation (NBI) has concluded that "there is no convincing evidence" that Department of Justice prosecutors were bribed into dropping charges against three suspected drug pushers known as the "Alabang Boys." Arnel Dalumpines, head of the NBI Special Task Force, told reporters on Monday there was "no written or oral" evidence proving "a P50-million bribery of the DoJ." While clearing the prosecutors, the NBI, which is under the DoJ, recommended the filing of an obstruction of justice charge against Maj. Ferdinand Marcelino for refusing to cooperate with the investigation and his preference for a "separate body" to conduct the probe. Marcelino is the head of the Philippine Drug Enforcement Agency's special enforcement service that arrested Richard Brodett, Jorge Joseph and Joseph Tecson in two separate buy-busts in September last year. The operation yielded 60 tablets of ecstasy, packs of marijuana and several sachets of cocaine. Can't probe boss Marcelino said he expected NBI's conclusions. "The NBI can't investigate its own boss," he said. "We feel that the NBI should be the last to investigate because it is directly under DoJ, which is in fact the subject of the investigation," Marcelino said. The NBI has been assigned by Justice Secretary Raul Gonzalez to investigate the bribery allegations against Justice Undersecretary Ricardo Blancaflor, Chief Prosecutor Jovencito Zuno, Senior State Prosecutor Phillip Kimpo, State Prosecutor Misael Ladaga and Investigating Prosecutor John Resado. Zuno upheld the resolution dismissing the charges against Brodett, Joseph and Tecson. Independent panel Blancaflor and the four prosecutors have taken leaves of absence on orders of President Gloria Macapagal-Arroyo while the bribery allegation is being investigated by an independent panel. The panel has yet to be formed. The PDEA claimed last month that it received information that P50 million changed hands, resulting in the prosecutors dropping the charges against the three young men. PDEA chief Dionisio Santiago later admitted in a House inquiry that the P50-million bribe allegation was a bluff to psych out the prosecutors. "Premises considered, in the absence of convincing evidence, written and testimonial evidence sufficient to prove-even the circumstances of the offense, bare and hearsay assertion of the DoJ P50-million bribery cannot overturn the presumption of regularity in the performance of duties of all the members of the anti-drug task force of the DoJ in issuing the joint inquest resolution dated Dec. 12, 2008," the NBI-STF said in a resolution. Incomplete At a news briefing on the creation of the Anti-Illegal Drugs Task Force of the Office of the Solicitor General, Santiago said he would respect the NBI report clearing the state prosecutors. Santiago said the PDEA would still wait for the findings of the independent probe. "For us, the investigation is still incomplete. The NBI findings will just be part of the independent investigation," he said. Relief Gonzalez expressed relief over the NBI report. "There is no evidence of bribery. The issue of bribery seems to be more attributable to the PDEA," Gonzalez told reporters. The justice secretary said he still found it necessary to convene the special panel that Ms Arroyo had ordered formed to look into the alleged bribery. "The NBI, no matter how impeccable that report may be, will still be questioned because the NBI is under me.. I'd still prefer an independent body," Gonzalez said. Gonzalez said he would submit the NBI report to Ms Arroyo. He said it was up to the President to decide whether to order an end to the indefinite leave of Zuno, Kimpo, Ladaga and Resado. The justice secretary, nonetheless, said he had taken back his order appointing Senior Assistant Chief State Prosecutor Severino Gana as acting chief state prosecutor. Harrowing "I feel very much relieved," Zuno said of the NBI findings. He said he was waiting for orders to return to work. He described the experience as "harrowing." Zuno said it was a good thing his children were already grown-up. Kimpo said he felt elated. "At long last, we are exonerated," he said. Resado said a huge load was taken off his chest. "We are vindicated by this report," he said. Attempts to bribe PDEA The NBI-STF said that there were indications that there was attempted bribery and corruption of public officials in the PDEA based on Marcelino's statements before the House committee on dangerous drugs. Marcelino told the House committee on Jan. 6 that he directly received bribery offers of between P3 million and P20 million for the release of the "Alabang Boys." He said he rejected the offers. The burden of proof falls on the accuser, in this case Marcelino, but he is not talking, Dalumpines said. The NBI-STF chief lamented that Marcelino, considered an "indispensable" witness for the resolution of the issue, was hesitant to make his accusations on the alleged P50-million payoff in a sworn statement. Psywar tactic Dalumpines said he was inclined to believe that the bribery allegation was a "psywar" (psychological warfare) tactic as admitted by Santiago before the House committee on dangerous drugs. "The allegations are all just in the newspapers. We needed evidence based on personal knowledge. We did not get that because he (Marcelino) would not cooperate with us," he said. Marcelino earlier suggested that the NBI just get a copy of the transcript of his testimony at the hearing of the House committee. Unjustifiable The NBI-STF said Marcelino's "inclination not to submit himself" under the agency's investigation and his public accusations of bias against the NBI were "unjustifiable." It said "the nation's security and the integrity of the justice system are being threatened by their (PDEA's) unverified and raw information which would eventually lead to mass hysteria and prejudice." Look into Blancaflor's role The NBI-STF recommended that Blancaflor's alleged attempt to influence the PDEA be looked into by the justice department. "It is up to the DoJ to resolve if Blancaflor had committed an administrative offense for that although we found his move to call the PDEA unusual," Dalumpines said. Blancaflor made a call to Marcelino a few days before Christmas upon the request of Brodett's uncle to ask why the PDEA was not releasing the three suspects despite a resolution dismissing the charges against them. It was also Blancaflor who directed his secretary to send a release order drafted by Brodett and Tecson's lawyer to the office of Gonzalez for his signature. - - With reports from Tarra Quismundo and Marlon Ramos - --- MAP posted-by: Larry Seguin