DRUG-BUST AFP MAJOR TO LOSE PDEA POST

State prosecutors whose morale is said to be low due to the forced
leaves mandated by the new self-appointed anti-drug czarina,
President Arroyo, may yet find solace with the impending departure of
Philippine Drug Enforcement Agency's Maj. Ferdinand Marcelino, who is
at center of the PDEA drug buy-bust, along with the Department of
Justice's (DoJ) prosecutors whom he had accused of having dismissed
the case of the so-called "Alabang Boys," suspected drug dealers, on
charges that they had been bribed with P50 million.

Marcelino's appointment in the PDEA was questioned yesterday by DoJ
Secretary Raul Gonzalez warning that the Marine officer's appointment
is in clear violation of the Constitution.

Marcelino is an Armed Forces of the Philippines officer in the active
service and as such cannot be appointed or designated in any capacity
to a civilian position in government.

"Article 16, Section 5, Paragraph 4 of the 1987 Constitution states
that no member of the Armed Forces in the active service shall, at
any time, be appointed or designated in any capacity to a civilian
position in the government, including government-owned or controlled
corporations or any of their subsidiaries."

Gonzalez did not state if apart from Marcelino, PDEA chief ret. Gen.
Dionisio Santiago could be held liable for violating the
Constitution, as Santiago had recruited Marcelino.

Santiago, a former military chief of staff, is presumed to have been
aware of the constitutional ban on active military men detailed to
civilian posts, having But Gonzalez, in a talk with reporters, said
he had talked with the President yesterday morning and that he had
brought the issue to her attention and to the attention of the
secretary of defense regarding the illegality of Marcelino's
appointment.

"The President was shocked," the DoJ chief said.

Gonzalez stressed that the act of appointing Marcelino to the post as
PDEA official is a culpable violation of the Constitution.

Mrs. Arroyo also yesterday named herself as the Philippines'
anti-drugs overlord, saying she needed to step in to save the
judicial system from being corrupted by narcotics
traffickers.

Mrs. Arroyo has ordered five state prosecutors to go on leave as the
government probes claims they were offered bribes to dismiss
complaints against alleged traffickers arrested last year in sting
operations around Manila.

"Governments that delay action against illegal drugs, or regard it as
a routine police matter, do so at their own peril," she told members
of her Cabinet.

"A country awash with illegal drugs is a country compromised, its law
and order institutions tainted and corrupted."

She said her government would push for an "unyielding and unrelenting
war" against drugs.

"I will temporarily act as czar, or overseer, of the war against
illegal drugs," Mrs. Arroyo added, stressing that the campaign would
include boosting law enforcement and prosecution.

The state prosecutors ordered to take leave are alleged to have
sought to free three traffickers in return for P50 million in bribes.

Drug enforcement agents testified to a congressional inquiry against
the prosecutors last week.

The US government has identified the Philippines as a major Asian
transit point for drugs, including methamphetamines, heroin and
ecstasy party pills.

Independent crime watchdogs say that while Manila in theory has among
the region's toughest drug laws -- prescribing life in jail to
traffickers -- law enforcement agencies are hobbled by corruption.

Appointing herself as the anti-drug czar drew flak from senators who
viewed this as unnecessary, with some pointing out that it is a slap
in the face of government officials who are in the forefront of
addressing the perennial illegal drugs trade in the country, such as
Dangerous Drugs Board (DDB) chair Vicente Sotto III, former senator
and PDEA chief Santiago.

"Instead of micro-managing (the situation) again, she should just
remove and replace the corrupt, inefficient and inept officials in
the anti-drug campaign," Sen. Francis "Chiz" Escudero, chairman of
the committee on justice and human rights, said, reacting to reports.

Sen. Peter Alan Cayetano said Mrs. Arroyo may have taken a popular
move to show to the public that the administration is serious in its
business of going after those engaged in illegal drugs, but tha
question now hanging is whether the President will prove to be
effective in addressing the issue.

"We didn't become Asia's drug capital, as PDEA described the country,
overnight," he said.

"Over the last eight years, corruption took its toll and this is the
result, apparently. The problem is not apprehension because PDEA has
been making arrests. The question is, was the arrest by the book and
producing enough evidence as claimed by PDEA or were DoJ prosecutors
correct in dismissing case? The only way to find out and have
credibility in people's support is an honest and independent
assessment of evidence in all the dismissed drug cases. This can be
done by an independent panel of lawyers from the private sector and
experts in criminal investigation and evidence, giving them 10 days
per case, full access to evidence, document and people and full
transparency of the proceedings. This will send a stronger message to
the drug pushers and syndicates rather than appointer herself as
czar," said Cayetano.

Cayetano, in further criticizing Mrs. Arroyo, said such a
self-appointment should not be given significance since in the past,
the President has appointed herself as agriculture czar during the
Minority Leader Aquilino Pimentel Jr. said such task is better left
in the hands of those competent for the job.

"(The drug menace will go) from bad to worse if (President) GMA (
Arroyo) takes over the drug fight. She's already saddled with too
many perceptual and actual problems of corruption, credibility and
incompetence. She can only lose," Pimentel said.

Majority Leader Juan Miguel Zubiri, an ally of the administration,
was the lone supporter of Mrs. Arroyo in the role she has decided to
now adopt. "I'm happy to hear that because we must admit that we
really have a problem. GMA as CEO is needed in this fight. Now, she
can order the DoJ, PDEA and executive officials to review dismissed
cases and its possible re-filing in court. It will be an honest to
goodness work if the President is hands-on the matter," he said.

Muntinlupa Rep. Ruffy BIazon, for his part, said by assuming the role
of an anti-drug czar Mrs. Arroyo is putting herself on a precarious
position and will be shouldering all the blame once the anti-illegal
drug campaign fails.

"President Arroyo's assumption of the role as anti-drug czar puts her
in a precarious position," said Biazon. " She should not be directly
involved so that she can be objective and have a free hand in dealing
with any failure in the anti-drug campaign."

Biazon said that while the ultimate responsibility lies with the
President, a subordinate should still be the head of the campaign so
that accountability will compel him or her to do the best job.

"The role of the President is to extract responsibility from those in
charge. By assuming the role of anti-drug czar, she will unburden the
PDEA and the DoJ of the accountability. It all falls on her shoulders
which I think is ill-advised," Biazon stressed.

But Speaker Prsopero Nograles said he believes no one aside from the
President can better lead the anti-illegal drug campaign in the country.

"I guess nobody can do it better than her, under the circumstances
(given) the vast power and resources of the Office of the President,"
Nograles said through a text message.

Paranaque Rep. Roilo Golez said his statement relative to the bribery
scandal that rocked the DoJ elicited a very strong reaction from
Gonzales while the latter is silent on the actions of lawyer
Feliberto Verano -- counsel for the accused Alabang boys -- who had
admitted to making a draft resolution for Gonzales for the release of
the respondent Alabang boys.

"See how he has become a raging tiger in replying to me, but a meek
lamb in reacting to Verano who violated his Department processes. The
world wonders why he is so meek with the defense lawyer," Golez said
yesterday.

The Justice chief meanwhile named the six-man panel that will look
into the 50M drug bribery mess that racked the justice department.

Ranhilo Aquino, Dean of the Graduate School of Law of San Beda, Vice
Chairman of the National Youth Council Priscilla Marie Abante, and
Assistant Solicitor General Carl Miranda were among those named.

Being considered to complete the list are Bishop Artemio Rillera of
San Fernando, La Union, lawyer Danilo Bomacod, Provincial Prosecutor
of La Union, and either Retired justices Bernardo Fajardo and
Carolina Grino-Aquino.

Grino-Aquino headed the panel that investigated the Court of Appeals
10 million bribery scandal.

"Some were suggested by the president. The chairman of the NYC begged
off because his sister is a prosecutor." Gonzalez said.

He also confirmed that a team of solicitor-generals will be assisting
the PDEA in terms of presentation, inventory and gathering of
evidence in drug cases.

State Prosecutor John Resado on Tuesday stated that he will file
libel charges against a journalist and PDEA agents involved in the
50M drug bribery mess.

In an interview, Resado said he will file libel charges against
Philippine Star reporter Edu Punay for writing a malicious news
article involving him and his colleagues in the justice department.

Resado did not mention the PDEA agents who will be included in the
libel charge.

- - Angie M. Rosales, Riza Recio, Gerry Baldo, Charlie V. Manalo and AFP