MANILA, Philippines -- The Office of the President (OP) no longer reviews resolutions or decisions of the justice department on drug-related cases, according to Department of Justice Secretary Leila de Lima. De Lima said President Aquino issued Administrative Order 08 rescinding Administrative Order 253 issued in 2008 by former President Arroyo providing for automatic review of all drug cases dismissed by government prosecutors.
Arroyo had issued the AO following the dismissal of the drug case of the so-called Alabang Boys—Richard Brodett, Jorge Joseph, and Joseph Tecson—who were arrested in a sting operation in September 2008.
“Since the directive for the automatic review by the Office of the President of the decisions and resolutions of the DoJ secretary covering dismissed drug-related cases as mandated under A.O. No. 253 is eliminated and the proper disposition of drug-related cases is now fully vested with the DoJ, there is no more reason why the prosecutor cannot file the appropriate information insofar as those cases or complaints found to be with probable cause,” De Lima said in a legal opinion.
Earlier, PDEA Director General Jose Gutierrez sought the DoJ’s legal opinion on the issue due to the numerous petitions for writ of habeas corpus and other charges filed against its personnel in connection with the agency’s effort to comply with A.O No. 253.
In a letter-request, PDEA asked the DoJ on whether drug law enforcers can keep respondents in custody pending the automatic review of the dismissed cases.
De Lima said the question has become moot following the repeal of A.O. 253.
AO 8 was issued by President Aquino last March 14 after dockets of drug-related cases piled up at the Office of the President resulting in a delay in their resolutions.
“The instant query insofar as the custody of the respondent while the case is pending resolution for automatic review is concerned, is no longer an issue, in the light of the latest presidential issuance repealing the automatic review of dismissed drug-related cases,” De Lima said.
De Lima stressed that bail is a matter of right of any person arrested and detained, except when the offense is punishable by life imprisonment and bail is left to the court’s discretion.
Leonardo Postrado, Manila Bulletin
