PALACE ADMITS POOR QUALITY OF LAWYERS

Flaws in the criminal system, including the inability of the
government to attract "good prosecution lawyers," were among the
reasons cited by the Palace yesterday for the failure of criminal
cases like drug cases to prosper in court.

Law enforcers running against drug traffickers have complained about
drug cases being stopped cold right at the first base at the
Department of Justice (DoJ) mostly as a result of technicalities
cited by state prosecutors in dismissing most cases.

Executive Secretary Eduardo Ermita said that lack of evidence,
technicality in procedures, and lack of probable cause are the major
stumbling blocks in pursuing drug cases.

"There is a lot to do to improve (the local) criminal justice
system," he said.

"That is the reason even in cases of human rights, these cases have
not been solved because of flaws in the criminal justice system," he
added.

In the case of dangerous drugs, he said the evidence documentation by
the arresting authorities would have to be witnessed in the presence
of barangay or community authorities and representatives of media,
among others, and the pieces of evidence could not be transferred to
other place for documentation unless these were already documented as
evidence in the exact place where they were found, Ermita said citing
a major flaw among enforcers that prosecutors usually cite as
reasons for recommending the dismissal of drug cases.

Marine Maj. Ferdinand Marcelino, meanwhile, continues to refuse
invitations from the National Bureau of Investigation (NBI) to
provide information about what he alleged as bribery attempts for the
release of three suspected well-off drug traffickers known as the
"Alabang Boys."

Arnel Dalumpines, chief of the NBI-Special Task Force on Drugs, said
the NBI first invited Marcelino, who leads the Philippine Drug
Enforcement Agency (PDEA) team that arrested the Alabang Boys, to
appear before the NBI offie last Jan. 6 but Marcelino informed the
NBI that he could not attend because of a PDEA operation.

Two subpoenas were subsequently sent to Marcelino.

"Now he said he has a lot of commitments. When asked when he will be
free, he said he's not sure," Dalumpines said.

One of the flaws of criminal justice system is the inability of
government to hire good prosecution lawyers, according to Ermita.

There are also cases in which witnesses refused to be placed under
the government witness protection program, which in itself has a
limited scope due to lack of funds, according to Ermita.

Ermita said the Joint Executive and Legislative Committe is planning
to hold meetings to address the flaws in the justice system.

Justice Secretary Raul Gonzalez is also assessing provisions on the
automatic review of dismissed cases on dangerous drug, the result of
which will be used by President Arroyo for policy directions on the
anti-drug campaign.

The NBI, an agency under the DoJ, was tasked by Justice Sec. Raul
Gonzalez to investigate the bribe issue against DOJ
prosecutors.

"How can we establish that there was indeed a bribery when they don't
speak up? Who will we prosecute?" Dalumpines added.

Dalumpines said he is now considering to send agents at the PDEA
office to get Marcelino's statement.

Chief State Prosecutor Jovencito Zuno is also expected o submit
tomorrow a written affidavit to formally deny the alleged bribe-try
for the dismissal of drug charges against the so-called "Alabang Boys."

Dalumpines said Zuno already verbally denied the bribery charges
during the prosecutor's appearance at the NBI office last Friday afternoon.

Zuno appeared at the office of NBI director lawyer Nestor Mantaring
at past 4 p.m. . The closed-door meeting lasted for more than 30 minutes.

Dave Brodett's family was also subpoenaed to appear but he, his wife
Marissa and son Anton refused to accept the subpoenas sent to them,
according to Dalumpines.

Aside from Marcelino and the Brodetts, the NBI invited Chief State
Prosecutor Jovencito Zuno and Justice Undersecretary Ricardo
Blancaflor to appear.

Blancaflor assured the NBI that he would come on Monday, Dalumpines
said.

The NBI also invited Philippine Daily Inquirer contributor Arlyn dela
Cruz to appear at the bureau on the same day.

Meanwhile, lawyer Felisberto Verano Jr., who represents suspects
Brodett and Tecson, also submitted his affidavit at the NBI on Friday.

Former Senator franklin Drilon also urged the DoJ and the PDEA to get
their acts together to strengthen the government's campaign against
illegal drugs.

In the weekly Kapihan sa Sulo, Drilon said the seeming divisiveness
of the DoJ and the PDEA in pursuing drug-related cases only tend to
benefit drug traders.

"PDEA and DoJ should settle their differences in pursuing
drug-related cases particularly on that of the case of the Alabang
Boys," said Drilon. "Their conflict on the matter only benefits the
drug trade more and the drug traders are laughing all the way to the
bank," he said.

PDEA operatives led by Marine Major Ferdinand Marcelino successfully
conducted a drug buy-bust last September netting three suspected
big-time drug peddlers, Richard Brodett, and Joseph Tecson, and Jorge
Jordana Joseph.

Although first assuring the PDEA they have an airtight case against
the three suspects, state prosecutor John Resada later dismissed the
case citing procedural flaws in the Marcelino-led operation.

However, allegations of bribery against unnamed DoJ officials, an
admission of lawyer Felisberto Verano, defense counsel for Brodett
and Tecson he drafted the release order for the three, plus the
admission of Resado he deliberately ignored DoJ Memorandum Circular
No. 46 which calls for drug and smuggling-related cases for automatic
review of the Justice Secretary by ordering the release of the three
suspects from the PDEA custody, further complicated the matter.

The Liberal Party president added that President Gloria Macapagal -
Arroyo should step into the picture to resolve the differences
between the two agencies.

"President Arroyo should call the head of the PDEA and the Secretary
of Justice to a meeting and sit down to settle their differences,"
Drilon said.

Meanwhile, Quezon Rep. Danilo Suarez, Chairman of the House Committee
on Ways and Means, lamented there is no "dynamic" support between the
DoJ and the PDEA.

Suarez said there is an urgent need for greater cooperation and
closer coordination between the DoJ and the PDEA for the government
campaign against illegal drugs to be successful.

According to former senator and current Chairman of the Dangerous
Drugs Board Vicente "Tito" Sotto, 2004 figures indicate there are at
least 6.7 million people who are into drugs, either as regular or
casual users.

The number of those who may be classified as regular users could go
as high as four million, Sotto said.

Sotto said a regular drug user who is hooked on shabu weekly consumes
about two grams, with the price per gram fetching from anywhere
between P10,000 to P12,000.

Putting together the number of organized and non-organized groups,
including the international collections operating in the country,
their earning in the illegal drug trade is now bigger than that of
the national government, Sotto revealed.

Sotto agreed with the assessment by Suarez that due to their
lucrative operation, the drug syndicates can afford to influence
their way and offer bribes, and cause bodily harm to those people who
stand in their way.

Senate minority leader Aquilino Pimentel Jr. also urged prosecutors
not to push through with their resignation from the anti-narcotics
task force if they have not done anything that would compromise their
duties in the investigation of the drug trafficking charges against
the so-called Alabang Boys.

Pimentel, however, said that for those who have become liabilities to
the task force by fixing cases, their resignation is the most decent
thing to do and Justice Secretary Raul Gonzalez should let go of them.

"Prosecutors who feel alluded to by charges of wrongdoing should
resign. Those who have nothing to hide should stick out and fight
those who are trying to destroy them," he said.

The minority leader called on the top officials in the drug
enforcement machinery led by Secretary Gonzalez, PDEA director
general Dionisio Santiago and Dangerous Drug Board chairman Vicente
Sotto III to take steps to resolve the conflicts and misunderstanding
between the prosecutors and the PDEA without giving up the effort to
ferret out and impose sanctions on law enforcers and prosecutors who
are jeopardizing or sabotaging the campaign against illegal drugs.

Pimentel warned that the anti-drug campaign is being weakened while
drug syndicates are getting the upperhand while the PDEA people and
the prosecutors continue to swap accusations and recriminations in
public, instead of attending to their duties.