Pubdate: Sat, 24 Jan 2009 Source: Manila Times (Philippines) Copyright: 2009, The Manila Times Contact: http://www.manilatimes.net/ Details: http://www.mapinc.org/media/921 Lloyd Tiongson RESADO TURNS TABLES ON PDEA Agency Lawyer Says Prosecutor Twisted Story A government lawyer linked to an alleged bribery attempt in a celebrated drugs case seemed to have admitted that money was dangled before him--but his accusers got it all wrong on where the offer came from. State Prosecutor John Resado from the Department of Justice told lawmakers on Friday that Alvaro Lazaro, a lawyer from the Philippine Drug Enforcement Agency (PDEA), had attempted to bribe him in exchange for his dismissal of drug-trafficking charges against the "Alabang Boys"--three rich young men entrapped by the agency in September 2008. Earlier, Resado was accused by Marine Maj. Ferdinand Marcelino of the agency's Special Enforcement Services of sharing in the P50 million that the camp of the "Alabang Boys" had thrown the way of the government lawyer and three other prosecutors and Justice Undersecretary Ricardo Blancaflor. He denied the accusation, but it apparently forced Justice Secretary Raul Gonzalez to order the National Bureau of Investigation to step into the case. Last week, the bureau exonerated the four prosecutors and Blancaflor of bribe-taking. During a hearing of the House Committee on Dangerous Drugs, Resado pointed to Lazaro as the one who had tried to bribe him on condition that he should drop the charges against the "Alabang Boys." And Lazaro allegedly called when he was investigating the case, to say that Senior State Prosecutor Philip Kimpo was OK with dismissing the drug case, Resado said. Kimpo is one of the state prosecutors implicated in the alleged bribery attempt. According to Resado, Lazaro also told him that he would talk to anti-drug agency officials Marcelino and the agency's chief, Director General Dionisio Santiago, to speed up the dismissal of the charges. Lazaro said he would mess up documents on the case of the "Alabang Boys," so that it would be thrown out, and that he would be the one to take care of Marcelino and Santiago, Resado testified before a House committee. All about the money According to Resado, he believed that Lazaro was worried that he would not get any commission from the bribe money if the contacts of the "Alabang Boys" went directly to him. Earlier, he scotched allegations that the P50-million bribery attempt was for real. "Natatakot si Atty. Lazaro na baka dumiretso sa akin ang magbibigay ng bribe at hindi siya makatikim [Atty. Lazaro was afraid that the one who would give the bribe would go directly to me, and if that happened, he would not have a taste of the money]," the embattled state prosecutor said. Resado also told the House committee that Lazaro asked for the immediate dismissal of the case in order for the "Alabang Boys" to be set free at once instead of the accused having to wait for execution of a waiver and having to undergo preliminary investigation while in detention. The amount of the alleged bribe offer from the camp of the accused was not mentioned by Resado. "He [Lazaro] called me several times on September 20 and 21 [last year]. You can check it with the NTC [National Telecommunications Commission] and trace the calls from him," he suggested to the lawmakers. Twisted story Lazaro denied Resado's accusations, saying they were made after the fact that the case was recommended for dropping through a resolution that Resado had written. The actual dismissal, however, did not happen because the Justice secretary did not sign a release order for the "Alabang Boys." Instead, Gonzalez subjected the case to "automatic review." Lazaro did admit that he had made the calls to Resado to inquire about the "Alabang Boys" case. He said he has been handling drug cases since 1995. "It [that I accepted the alleged bribe] exposes the fallacy of his [Resado's] mind. I admit that I called him asking for assistance but the bribe offer that he claims I made is simply not true," the PDEA lawyer also told the lawmakers. Suspicious deposits During the hearing, Resado admitted making an P800,000 deposit at the Banco de Oro branch in SM North Edsa in Quezon City on December 2, 2008, the day he released the resolution. He presented his passbook to show that he and his wife Rowena were engaged in the money-lending business. Deposits, Resado said, have been made since March 2002, with the amounts ranging from P50,000 to P300,000. According to him, he felt bad that the deposits were revealed. "I am reserving my right to file a case against the bank and the employee who disclosed my accounts," he said. Resado added that he also was reserving the right to waive the opening of his bank accounts. But Kimpo told the committee that he was willing to waive the Bank Secrecy Law and have his bank accounts opened since he has nothing to hide. Kimpo had authority to recommend approval of the Resado resolution. The Anti-Money Laundering Council (AMLC) is set to probe Resado's bank accounts. Its deputy director, Richard David Funk, told the House Committee on Dangerous Drugs that they would be able to investigate the accounts even without securing a court order and waiver from Resado. Funk explained that the case must be distinguished as a "drug-related" issue besides alleged incidence of corruption to resolve questions on the council's jurisdiction. Resado was singled out in a letter from an anonymous source who claimed that he received part of the alleged P50-million bribe upon dismissing the "Alabang Boys" case. The letter was sent to the National Bureau of Investigation on December 15. He requested the committee not to disclose the names of persons who he said were the sources of the money in his bank accounts. The committee then considered probing the accounts in an executive session. Under Republic Act 1405, or the Bank Secrecy Law, bank deposits of whatever nature are absolutely confidential. It prohibits examination of or inquiry into such deposits by any person or office. Republic Act 9160, or the Anti-Money Laundering Act of 2001, meanwhile, relaxes bank secrecy laws upon establishing that proceeds from unlawful activities, which include drug trafficking and graft and corrupt practices, are transacted to make them appear to come from legitimate sources. Independent panel The Department of Justice also on Friday constituted the independent panel ordered formed by the President to look into the alleged P50-million bribe. Gonzalez said the three-man team would be headed by retired Supreme Court Justice Carolina Grino-Aquino, with retired Sandiganbayan Justice Raoul Victorino and Fr. Ranhilio Aquino, dean of the San Beda Graduate School, as members. Aquino last year also led the Supreme Court's three-man probe team that looked into the Court of Appeals bribery scandal in connection with the controversial boardroom battle between the Manila Electric Co. and the Government Service Insurance System. The independent panel should have been composed of six members, but Gonzalez reduced the number to three, which Grino-Aquino set as a pre-condition before she agreed to head the team. It will start the probe early next week. Besides the "Alabang Boys"--Richard Santos Brodett, Jorge Jordana Joseph and Joseph Ramirez Tecson--the panel is expected to summon Resado, Blancaflor, Kimpo, Chief State Prosecutor Jovencito Zuno and State Prosecutor Misael Ladaga. - --- MAP posted-by: Keith Brilhart