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