LAWYER OF 'ALABANG BOYS' FACES DISBARMENT

Jan 08, 2009 (The Manila Times - McClatchy-Tribune Information Services via COMTEX) -- IBP | Quote | Chart | News | PowerRating -- A lawyer for the "Alabang Boys" stares at disbarment for trying to pull a fast one on judicial officials.

Felisberto Verano Jr., the counsel for two of the three young men from rich families accused of drug trafficking, may be stricken off the lawyers' roll for preparing a draft release order for the three suspects and using without authorization stationery of the Department of Justice in doing it, the Integrated Bar of the Philippines (IBP) said Wednesday.

But the IBP president, lawyer Feliciano Bautista, noted that disbarring or disciplining lawyers could only be initiated through a formal complaint filed by a citizen.

IBP Rule 139-B states: Proceedings for the disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts."

The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service. Verano earlier admitted having prepared the draft release order, not Justice Undersecretary Ricardo Blancaflor, so that his clients would be released and be able to spend Christmas with their families.

"I was the one who prepared the draft order simply because I was under the impression that the Justice secretary [Raul Gonzalez] will be helping us with this problem, since there was already a resolution ordering their release," he said.

By "problem," he apparently was referring to the continued detention of the so-called Alabang Boys--Richard Santos Brodett, Jorge Jordana Joseph and Joseph Ramirez Tecson.

The three drug suspects were arrested in separate entrapments in September 2008 and have since been held by the Philippine Drug Enforcement Agency (PDEA).

Meeting with Gonzalez

According to Verano, he had talked about the case with Gonzalez, who reportedly told him that he has yet to study it because it had been linked to a P50-million bribery attempt on Justice and agency officials in exchange for the release or furlough of the "Alabang Boys."

During Wednesday's resumption of a congressional inquiry into the case, Gonzalez said Verano's moves to put one over the Justice department may have made the lawyer "guilty of breach of ethics."

On Tuesday, Verano told the House Committee on Dangerous Drugs probing the case that he had coursed the draft release order to the office of Blancaflor "because I was hoping he would help us." He mentioned that the Justice undersecretary had already helped him when Blancaflor called PDEA to inquire about the case of the "Alabang Boys."

Blancaflor was dragged into the controversy after Maj. Ferdinand Marcelino, the chief of PDEA's Special Enforcement Services, exposed the call.

Not a mere draft

Gonzalez, also during the hearing, belied Verano's allegations that the draft release order was just a draft. He said that the release order sent to his office was already complete and just waiting to be signed. Had he signed the document, Gonzalez added, it would have been a valid release order.

The Justice chief said that in the afternoon of December 23, Verano approached him, requesting him to order the release of the three young suspects. According to him, he told the lawyer that he has not yet read the recommendation of prosecutors on the dismissal of the case, the reason he cannot order the release.

At 1 p.m. of December 24, Gonzalez said, his secretary informed him that Blancaflor's secretary had delivered a document, which turned out to be the draft release order. According to him, he did not sign it.

Besides, under the Justice department's internal rules, Gonzalez said, resolutions on cases involving illegal drugs and smuggling are subject to automatic review by the Justice secretary.

Releasing one such resolution got Assistant State Prosecutor John Resado into trouble with the probers.

The committee, also during Wednesday's hearing, recommended that Resado be cited for contempt for making public the resolution dismissing the case against the "Alabang Boys" when the case was still up for review. Resado said that there was nothing in the rules of the Justice department that prohibited him from releasing the resolution.

GMA's orders

President Gloria Arroyo has ordered Gonzalez to immediately finish his investigation of the "Alabang Boys" case and resolve the controversy triggered by the P50-million bribery attempt, Executive Secretary Eduardo Ermita said also on Wednesday.

"What we do is await results of findings of the review by the Justice secretary himself. We do not want to preempt whatever [his] findings in this case [would be]," Ermita told reporters.

The Office of the Ombudsman also on Wednesday said that it would check if there was "collusion" among Justice and agency officials in connection with the bribery attempt.

Ermita said Gonzalez was also instructed to review too all pending drug cases and to continue holding the "Alabang Boys" while Gonzalez is reviewing the case.

Blancaflor, according to the Executive Secretary, still enjoys the confidence of President Arroyo despite his involvement in the drugs case.

"I think we ourselves will get sense of how Undersecretary Blancaflor has explained himself. He was cleared by Marcelino about the nature of the call he made. Nothing is written about it but it is open for deliberation. He [Marcelino] did not implicate him, so let us take it as it is," he said.

Court of Appeals

At the Court of Appeals, the justice assigned to handle the habeas-corpus petition of the "Alabang Boys" has decided to inhibit from the controversial case.

Associate Justice Juan Enriquez of the Eleventh Division announced his decision also on Wednesday right after the case was assigned to his division through a raffle. He gave no reason for it.

Enriquez is joined by Associate Justices Japar Dimaampao and Sixto Marella Jr., in the division.

With his decision, a re-raffle was set for today.

The petition was filed on Tuesday by Verano, who said that he filed it because the Justice department was not acting on the release order for his clients despite prosecutors having already dismissed the drug charges against the suspects.

--With Jomar Canlas, Angelo S. Samonte And Sammy Martin

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