Pubdate: Sat, 24 Jan 2009
Source: Manila Times (Philippines)
Copyright: 2009, The Manila Times
Contact:  http://www.manilatimes.net/
Details: http://www.mapinc.org/media/921
Lloyd Tiongson

RESADO TURNS TABLES ON PDEA

Agency Lawyer Says Prosecutor Twisted Story

A government lawyer linked to an alleged bribery  attempt in a 
celebrated drugs case seemed to have  admitted that money was dangled 
before him--but his  accusers got it all wrong on where the offer came from.

State Prosecutor John Resado from the Department of  Justice told 
lawmakers on Friday that Alvaro Lazaro, a  lawyer from the Philippine 
Drug Enforcement Agency  (PDEA), had attempted to bribe him in 
exchange for his  dismissal of drug-trafficking charges against the 
"Alabang Boys"--three rich young men entrapped by the  agency in 
September 2008.

Earlier, Resado was accused by Marine Maj. Ferdinand  Marcelino of 
the agency's Special Enforcement Services  of sharing in the P50 
million that the camp of the  "Alabang Boys" had thrown the way of 
the government  lawyer and three other prosecutors and Justice 
Undersecretary Ricardo Blancaflor.

He denied the accusation, but it apparently forced  Justice Secretary 
Raul Gonzalez to order the National  Bureau of Investigation to step 
into the case. Last  week, the bureau exonerated the four prosecutors 
and  Blancaflor of bribe-taking.

During a hearing of the House Committee on Dangerous  Drugs, Resado 
pointed to Lazaro as the one who had  tried to bribe him on condition 
that he should drop the  charges against the "Alabang Boys."

And Lazaro allegedly called when he was investigating  the case, to 
say that Senior State Prosecutor Philip  Kimpo was OK with dismissing 
the drug case, Resado  said.

Kimpo is one of the state prosecutors implicated in the  alleged 
bribery attempt.

According to Resado, Lazaro also told him that he would  talk to 
anti-drug agency officials Marcelino and the  agency's chief, 
Director General Dionisio Santiago, to  speed up the dismissal of the charges.

Lazaro said he would mess up documents on the case of  the "Alabang 
Boys," so that it would be thrown out, and  that he would be the one 
to take care of Marcelino and  Santiago, Resado testified before a 
House committee.

All about the money

According to Resado, he believed that Lazaro was  worried that he 
would not get any commission from the  bribe money if the contacts of 
the "Alabang Boys" went  directly to him. Earlier, he scotched 
allegations that  the P50-million bribery attempt was for real.

"Natatakot si Atty. Lazaro na baka dumiretso sa akin  ang magbibigay 
ng bribe at hindi siya makatikim [Atty.  Lazaro was afraid that the 
one who would give the bribe  would go directly to me, and if that 
happened, he would  not have a taste of the money]," the embattled 
state  prosecutor said.

Resado also told the House committee that Lazaro asked  for the 
immediate dismissal of the case in order for  the "Alabang Boys" to 
be set free at once instead of  the accused having to wait for 
execution of a waiver  and having to undergo preliminary 
investigation while  in detention. The amount of the alleged bribe 
offer  from the camp of the accused was not mentioned by  Resado.

"He [Lazaro] called me several times on September 20  and 21 [last 
year]. You can check it with the NTC  [National Telecommunications 
Commission] and trace the  calls from him," he suggested to the lawmakers.

Twisted story

Lazaro denied Resado's accusations, saying they were  made after the 
fact that the case was recommended for  dropping through a resolution 
that Resado had written.  The actual dismissal, however, did not 
happen because  the Justice secretary did not sign a release order 
for the "Alabang Boys."

Instead, Gonzalez subjected the case to "automatic review."

Lazaro did admit that he had made the calls to Resado  to inquire 
about the "Alabang Boys" case. He said he  has been handling drug 
cases since 1995.

"It [that I accepted the alleged bribe] exposes the  fallacy of his 
[Resado's] mind. I admit that I called  him asking for assistance but 
the bribe offer that he  claims I made is simply not true," the PDEA 
lawyer also  told the lawmakers.

Suspicious deposits

During the hearing, Resado admitted making an P800,000  deposit at 
the Banco de Oro branch in SM North Edsa in  Quezon City on December 
2, 2008, the day he released  the resolution.

He presented his passbook to show that he and his wife  Rowena were 
engaged in the money-lending business.  Deposits, Resado said, have 
been made since March 2002,  with the amounts ranging from P50,000 to P300,000.

According to him, he felt bad that the deposits were  revealed. "I am 
reserving my right to file a case  against the bank and the employee 
who disclosed my  accounts," he said. Resado added that he also was 
reserving the right to waive the opening of his bank  accounts.

But Kimpo told the committee that he was willing to  waive the Bank 
Secrecy Law and have his bank accounts  opened since he has nothing 
to hide. Kimpo had  authority to recommend approval of the Resado  resolution.

The Anti-Money Laundering Council (AMLC) is set to  probe Resado's 
bank accounts.

Its deputy director, Richard David Funk, told the House  Committee on 
Dangerous Drugs that they would be able to  investigate the accounts 
even without securing a court  order and waiver from Resado.

Funk explained that the case must be distinguished as a 
"drug-related" issue besides alleged incidence of  corruption to 
resolve questions on the council's  jurisdiction.

Resado was singled out in a letter from an anonymous  source who 
claimed that he received part of the alleged  P50-million bribe upon 
dismissing the "Alabang Boys"  case. The letter was sent to the 
National Bureau of  Investigation on December 15.

He requested the committee not to disclose the names of  persons who 
he said were the sources of the money in  his bank accounts. The 
committee then considered  probing the accounts in an executive session.

Under Republic Act 1405, or the Bank Secrecy Law, bank  deposits of 
whatever nature are absolutely  confidential. It prohibits 
examination of or inquiry  into such deposits by any person or office.

Republic Act 9160, or the Anti-Money Laundering Act of  2001, 
meanwhile, relaxes bank secrecy laws upon  establishing that proceeds 
from unlawful activities,  which include drug trafficking and graft 
and corrupt  practices, are transacted to make them appear to come 
from legitimate sources.

Independent panel

The Department of Justice also on Friday constituted  the independent 
panel ordered formed by the President  to look into the alleged 
P50-million bribe.

Gonzalez said the three-man team would be headed by  retired Supreme 
Court Justice Carolina Grino-Aquino,  with retired Sandiganbayan 
Justice Raoul Victorino and  Fr. Ranhilio Aquino, dean of the San 
Beda Graduate  School, as members.

Aquino last year also led the Supreme Court's three-man  probe team 
that looked into the Court of Appeals  bribery scandal in connection 
with the controversial  boardroom battle between the Manila Electric 
Co. and  the Government Service Insurance System.

The independent panel should have been composed of six  members, but 
Gonzalez reduced the number to three,  which Grino-Aquino set as a 
pre-condition before she  agreed to head the team. It will start the 
probe early  next week.

Besides the "Alabang Boys"--Richard Santos Brodett,  Jorge Jordana 
Joseph and Joseph Ramirez Tecson--the  panel is expected to summon 
Resado, Blancaflor, Kimpo,  Chief State Prosecutor Jovencito Zuno and 
State  Prosecutor Misael Ladaga.
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MAP posted-by: Keith Brilhart