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CA rejects habeas corpus petition of Alabang boys

by Evangeline de Vera
Malaya

The Court of Appeals yesterday affirmed the legality of the continued detention of the so-called Alabang Boys despite a prosecution panel’s recommendation to dismiss the drug charges filed against them.

In denying the petition for habeas corpus of Richard Brodett, Joseph Tecson and Jorge Joseph, the CA said preliminary investigations of the Department of Justice have not been concluded, citing the requirement that the recommendation be approved by Justice Secretary Raul Gonzalez.

The three remain in the custody of the Philippine Drug Enforcement Agency which caught them in buy-bust operations in Quezon City and Muntinlupa in September last year.

In an 11-page decision penned by Associate Justice Monina Arevalo-Zenarosa, the CA’s Special 13th Division also said Brodett, Tecson and Joseph availed of their right to preliminary investigation and voluntarily waived their right, with assistance of their counsel, “to remain under police custody pending the completion of the preliminary investigation proceedings.”

“While counsel for petitioners posited that the three detainees should be released after the 30-day period of the automatic review, we are of the opinion that the period is only an internal guideline of the DOJ, which to our mind cannot take precedence over the waiver freely executed by the three detainees,” the CA said.

Concurring with the ruling were Justices Mario Guarina III and Arturo Tayag.

Gonzalez said he has finished reviewing the case but would not yet release a resolution in deference to the independent panel formed to investigate allegations of bribery surrounding the dismissal of the case.

He said he would not want to preempt the findings of the panel headed by retired Supreme Court Associate Justice Carolina Grino-Aquino, with members San Beda dean Fr. Ranhillio Aquino and retired Sandiganbayan justice Raoul Victorino.

The panel will hold its first hearing on Thursday.

Published inIllegal Drugs

11 Comments

  1. bitchevil bitchevil

    Fortunately, it comes at a time when the CA itself was just rocked with its own scandal and now maybe trying to redeem its image. Bad luck for the three Alabang Boys who thought they were untouchables. I remember the trio smiling and so relaxed sitting at PDEA office after their arrest as shown on TV footage several times. Thanks the the media and public. And of course thanks to Santiago and Marcelino.

  2. Valdemar Valdemar

    Kulang ang nasa milkcartons naihandog sa CA guards kaci.

  3. Gabriela Gabriela

    This is a welcome development. But this Gonzalez, ang lakas ng fighting spirit.

    The CA decision raw sustained DOJ. As if the public doesn’t know that if not for PDEA, these pushers would have long been out in the streets doing their usual dirty business.

  4. Me? I’ll wait until I see these drug traffickers in jail for life. Baka pakulo lang iyan dahil mainit pa ang issue. Tapos palalabasin na rin ang mga unggoy pag tahimik na like what the puta did to the American rapist for a fee pa siguro.

    Remember? O nasaan na ngayon iyong horny na Amerikano? Ang tagal na kasing niloloko ang mga taumbayan, ayaw pa rin humirit. Di naman daw sila apektado! Yuck!

  5. bitchevil bitchevil

    Years passed and no closure yet to that GI rapist Smith. One case after another…

  6. maydangalpa maydangalpa

    Redemption for the CA at a time when they need it most. I just hope that they acted on the merits of the case and not from any sort of pressure. The Three Suspected Drug Pushers, big time, with alleged international connection, were relaxed when I saw the footage. I think, hope reality has set in to them that they were caught at the wrong time. When the Public is in such disgust with the DOJ and the Goevernment.
    I think the whole country is breaking down because of the Corrupted Justice system. Corrupted by Arroyo and her minions. If the DOJ is Unjust, all the scalawags would prosper, and the victims (us Filipinos) would have to endure the suffering.
    As some rich guys have intimated to me: : “Have Money and You Will Be Free….” this is very much true in the case here, in the Philippines. This is quite true, especially after witnessing the Senate Investigations, not to mention the World Bank investigation of the Congressmen.
    I sincerely hope and am Praying hard, that hope and redemption is just around the corner for the Philippines and her people. God Speed to us ordinary men and women of the Philippines. Cheers!
    Be Vigilant, take it to the public if you hear something is amiss…Then we could at least delay, if not totally stop whatever the Evil Plans of this Arroyo government is planning, like the SSS Funds.

  7. MPRivera MPRivera

    hindi kapanipaniwala ‘yung desisyon ng cost este court of appeals sa petisyong habeas corpus ng alamang boys. kunyari lamang ‘yang para ‘yung singaw ng suhulan ay unti unting matakpan nang hindi napapansin ng taong bayan. istayl lamang nila ‘yan para sabihin daw natin na dapat silang papurihan sapagkat ipinatutupad nila ang tamang batas na pantay at walang kinikilingan.

    baka utos din nina siraulo at gloria ‘yan!

    sino ba nag-appoint sa kanila? di ba si gloria?

  8. bitchevil bitchevil

    Justice Secretary Raul Gonzalez has confirmed reports that Malacañang plans to transfer his chief-of-staff back to the Department of Environment and Natural Resources (DENR) after the official was allegedly involved in an extortion case.

    Text messages circulated among officers and employees of the justice department yesterday regarding the supposed order from the Palace for the transfer of Undersecretary Fidel Exconde Jr. to the DENR over an allegation of extortion.

    …..There you go again…Instead of firing the official, he’s being transferred to another agency.

  9. BE:

    The creep cannot afford to sack the very same people who have helped her remain in position. Otherwise, kakanta ang mga iyan.

    As for the CA’s present announcement re the Alabang Boys, it is another attempt to kill the issue. When the coast is clear, palalabasin na rin ang mga iyan especially if they promise to help the Bangaw stay in power permanently.

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