Saturday, February 28, 2009

House Outside Mat Inside

After prolonged incarceration your world begins to shrink. The hours which seemed to go by so slow now seem to pass by unnoticed. If outside our residences were houses, inside they are mats and cardboard. If our houses were on lots outside, inside they stand on the most valuable two square meters an inmate could have. A house is definitely a mark of an accomplished man, while a mat is the mark of a significant inmate. An inmate who does not have his own mat and two square meters is like a man with no house to go home to. Outside people respect each others property; inside the same amount of respect is extended. Coming over to sit in someone else’s space uninvited is very much trespassing. There are several ways of appraising the land value of your two meters. Factors that affect the value are closeness to an outlet, distance from the restroom, ventilation, traffic, cleanliness and your neighbors.


Acquiring space is something that must be done with the blessing of the ‘mayor’. New property only opens up in several instances. The most common is when an inmate is transferred to another jail. The other two unlikely scenarios are a release or death of an inmate. Reshuffling of lots almost never happens and only does in an event of a sudden spike in population. In such a case the ‘mayor’ will have the headache of trying to keep his VIPs happy and at the same time try to accommodate the newbies as ‘humane’ as possible.


Owning a lot and having certain privileges all come with a cost. All to be revealed in detail on “PRISON RACKETEERING”.

Friday, February 27, 2009

Disappointment with Justice

Our arrest happened between September 19, 2008 (Friday) around midnight and September 20, 2008 (Saturday) early morning in Ayala Alabang Village (AAVA) and Araneta Center, Cubao. We were sent to the custodial detention facility (CDF) at around nine-forty-five in the evening of the 20th. The next day September 21, 2008 (Sunday) we proceeded to the Special Enforcement Services (SES) office were State Prosecutor John R. Resado conducted the inquest proceedings at around nine-thirty in the morning. The three arresting officers and poseur-buyers IO1 Julie G. Tejido, IO1 Romeo E. Ascuncion Jr., IO1 Jigger B. Juniller and IO1 Louie B. Valdez swore to the truth of their submitted affidavits before the prosecutor, the respondents, their counsels and relatives present.

On September 29, 2008 (Monday) we were scheduled to present our counter-affidavits before State Prosecutor John B. Resado at room 303, mezzanine of the Department of Justice (DOJ). Respondents Brodett and Tecson swore to the truth of their signed counter-affidavits before the prosecutor while counsel for respondent Joseph requested for extension of seven days. Respondent Joseph swore to the truth of his signed counter-affidavit before State Prosecutor Resado as well on October 6, 2008 (Monday) at the same location. PDEA was then given ample time to refute our legal arguments.

On October 22, 2008 (Wednesday) counsel for respondents Brodett and Tecson filed their client’s respective signed rejoinder-affidavits to State Prosecutor John Resado’s office at the DOJ under the same oath. Council for respondent Joseph filed his signed rejoinder-affidavit under the same oath as well on October 23, 2008 (Thursday) before State Prosecutor Resado at the same location after being granted a one day extension by the said Prosecutor.

PDEA had celebrated their Christmas party last December 19, 2008 (Friday). At around six in the afternoon we received the Joint Inquest Resolution from the Department of Justice (DOJ) dated December 2, 2008 (Tuesday) in the custodial detention facility (CDF) for the dismissal of charges filed under I.S. No. 2008-1036 for violation of R.A. 9165, sections 5 and 11 in relation to paragraph B of section 26 and I.S. No. 2008-1037 for violation of R.A. 9165, section 5 and 11. The said resolution was signed by State Prosecutor John R. Resado with recommending approval of Senior State Prosecutor Phillip I. Kimpo, Vice Chairman of Task Force Anti Narcotics and Dangerous Drugs (TFANDD) and approval of Chief State Prosecutor Jovencito R. Zuño, Chairman of TFANDD which directed the immediate release of the said respondents.

The respondents were not released due to Atty. Alvaro Lazaro of PDEA’s Legal Prosecution Services (LPS) that revealed an internal and unpublished department circular no. 46 dated 2003 which recommended all R.A. 9165 cases to go under automatic review of the Secretary of Justice. Furthermore, Secretary Gonzalez admitted in a Congressional hearing and in newspaper reports that he had officially received the Joint Inquest Resolution on January 5, 2009 (Monday) for his said review which would last for thirty days as stated in the memorandum circular, meaning that on February 4, 2009 (Wednesday) he should have released his final findings and decision.

Respondents Brodett and Tecson filed a petitioned to the Court of Appeals (CA) for writ of habeas corpus on January 6, 2009 (Tuesday) wherein respondent Joseph later interjected to be included in the said petition a week after. The three respondents appeared before the Honorable Court of Appeals panel on January 27, 2009 (Tuesday) which resulted to a denied decision dated January 30, 2009 (Friday). Respondent’s respective legal counsels received the CA’s result on February 13, 2009 (Friday) and filed for a motion for reconsideration on February 23, 2009 (Monday) & March 2, 2009 (Monday) wherein they clearly stated among others the following arguments:

Article 2 of the New Civil Code, it is provided that: “Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. xxx”

Article 7 of the New Civil Code, that: “xxx Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.”

Section 7 of Rule 112 of the Revised Rules of Criminal Procedure, to wit: When accused lawfully arrested without warrant. “The person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provision of Article 125 of the Revised Penal Code, as amended, in the presence of counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception. xxx”

Section 90 of R.A. 9165 states that: Jurisdiction. “xxx The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of their filing."

Section 3 of Department Circular 70 of the DOJ otherwise known as the “2000 NPS Rule on Appeal” dated July 3, 2000 which was duly published and provides: Period to appeal. “The appeal shall be taken within fifteen (15) days from receipt of the resolution, or of the denial of motion for reconsideration/reinvestigation xxx”

The Joint Inquest Resolution had already attained finality as of January 3, 2009 since Section 7 of Rule 120 of the Revised Rules of Criminal Procedure provides that: Modification of judgment. “xxx a judgment becomes final after the lapse of the period for perfecting an appeal xxx"

2008 Revised Manual for Prosecutors of DOJ signed by Secretary of Justice, Raul Gonzalez states: “When the Chief State Prosecutor sustains the recommendation of the inquest prosecutor for the dismissal of the complaint, arrested or detained person(s) shall be released pending automatic review.”

The Independent Fact-Finding Committee created by the honorable President of the republic of the Philippines Gloria Macapagal-Arroyo. Composed of Retired Justice Carolina Griño-Aquino (Chairwoman), Retired Justice Raol Victorino and San Beda’s Dean of Law Fr. Ranhilio Aquino. The first day of the proceedings started on February 5, 2009 (Thursday) and ended on its eleventh day, February 19, 2009 (Wednesday). The committee was arranged to complete and wrap-up its findings on February 25 (Wednesday) after the given fifteen working days period. Listed below are some of our many observations to the testimonies given.

IO1 Louie B. Valdez and “arresting officer” of respondent Joseph, IO1 Romeo E. Ascuncion Jr. testified before the panel that no drug evidence was seized from respondent Joseph. IO1 J. Sogoc also testified that she had no direct knowledge of the evidence seized for respondent Joseph. She also claims that only at their arrival at PDEA SES office was the evidence presumed to have come from respondent Joseph presented to her by IO1 Jigger B. Juniller. It was also later revealed that no drug evidence was ever labeled with Joseph’s initials nor was he photographed together with the said drug evidence.

Respondet Tecson stated that IO1 Louie B. Valdez is not his “arresting officer” and was arrested at gun point by an unidentified person. Respondent’s Joseph and Brodett also stated that not all agents present in the “buy-bust” operation were mentioned in the affidavits of PDEA. It was also later discovered that more than two PDEA service vehicles were used in the operation identified as a white sedan with plate number (UDS105) and a maroon Pajero (UMT 136) owned by Maj. Lopez of PDEA’s Critical Reaction Unit (CRU) Director, even if their permit to operate only stated a white Toyota Revo (ZMR 517) and a white Isuzu Crosswind (ZMR 519). PDEA was also unable to reveal its alleged surveillance reports on the three suspects.

State Prosecutor John R. Resado pointed out the laboratory chemistry report no. DD-172-08 wherein PDEA chemist, Ms. Ronna Mae Aguilon admitted to human error on the handwritten time of receipt indicated. He also claimed how absurd it was that specifically on this case two duty chemists performed human errors noting that one of them committed the same error on two separate reports. He categorically also stated that the results were expunged from the records due to the respondents counsels objections for PDEA to be allowed to include there laboratory chemistry report after seventeen days from deadline of submission has elapsed, noting that the arresting officers were able to file on time but the chemists could not even if there are of the same government agency. Atty. Felisbero Verano also pointed out how strange it was that respondent Tecson’s chemistry report no. DT-194-08 (Tecson) would come in between the other two respondent’s chemistry report nos. DT-193-08 (Joseph) and DT-195-08 (Brodett), when in fact respondent’s Joseph and Brodett were apprehended first before respondent Tecson.

IO1 Jigger B. Juniller testified that he did not fire his firearm nor did any of his companions in the Acacia Avenue, Ayala Alabang Village incident. The AAVA Bulldog Security report stated that it received a report from a resident that heard three gunshots along Acacia Ave. Respondent Joseph also stated in his counter-affidavit that he saw IO1 Jigger B. Juniller fire twice at respondent Brodett while another unidentified person fired a shot into the air. Patrick El-Khoury’s NBI affidavit also states that we witnessed and heard three to four gunshots at the scene. Finally, respondent Brodett also claims hearing gunfire which hit his rear windshield as stated in his counter-affidavit.

According to IO1 Julie G. Tejido’s testimony, respondent Brodett’s injuries were self inflicted. Complainant PDEA claims “reasonable force” was used to neutralize respondent Brodett because he tried to run away while agent Tejido was placing him under arrest. Agent Tejido also stated among others that the only shots fired by in the Luzon Drive corner Madrigal Avenue, Ayala Alabang Village scene came from him when he fired five shots collectively at respondent Brodett’s Honda Accord front and rear tires. The AAVA Bulldog report clearly states that the car “sustained seven (7) bullet holes in different parts of the body” Respondent Brodett also stated in his counter-affidavit that armed me started shooting directly at him while he was unarmed inside the car and that three (3) shots hit his car windshield in the position of his face.

All three arresting officers IO1 Julie G. Tejido, IO1 Romeo E. Ascuncion and IO1 Louie B. Valdez claim to have apprised us of our constitutional rights. All three respondents’ counter-affidavits state that no said appraisal occurred between them and the said arresting officers. When arresting officers were asked by Retired Justice Victorino to recite the said rights IO1 Louie B. Valdez incompletely stated the Miranda Rights both in English and Tagalog.

PDEA operatives claim that boodle money was used in this operation and that seized from respondent Brodett was a small black clutch bag which contained the said drug evidence recovered from him. Why were the said evidences never submitted as evidence to the case filed? IO1 Jigger B. Juniller also claimed that respondent Joseph returned to him Php 7,500.00 which he did not accept but gave to respondent Joseph who immediately placed the bills inside his wallet. If the buy-bust money was actually boodle money why would there be change? Why was the seven-thousand-five-hundred pesos never presented as evidence with the one piece five-hundred and one piece one-hundred peso bills initially presented? It is also strange that when the mother of respondent Joseph asked for his personal belongings which she was denied access to by SES Deputy Jeffery Bangsa, his wallet only contained around Php 4,600.00 pesos in cash.

SO Ballares of Right 8 AAVA security stated in the AAVA Bulldog report and later testified that he had witnessed two suspects pressed between later identified PDEA agents being slapped and boxed by the said agents. He later added that respondent Joseph was the only one he saw get hit by the agents and held at gun point by them. SO Yuvega of Bulldog AAVA security testified that he witnessed the shooting of respondent Brodett’s car by multiple agents with long arms and handguns. He also disclaims he witnessed multiple agents take turns mulling him but states that when he was respondent Brodett he had been badly beaten up and bleeding from his lips. So Yuvega also requested the agents to not further injure respondent Brodett since he was still inside their jurisdiction and because he assumed Brodett’s injuries sustained were inflicted by these agents.

PDEA also initially claimed in the first ever news report regarding this case that it was respondent Brodett’s car that rammed into their maroon service Pajero (UMT 136) vehicle. But it was later found out in their testimony before that independent panel that the maroon Pajero claimed to be driven by IO1 Jeffery Banagao was the one that rammed into respondent Brodett’s car forcing it to slam into the sidewalk area and brought the vehicle to a complete stop.

PDEA informed the panel that their information regarding respondent Tecson came from respondent Joseph’s voluntary admission. Unfortunately there is no proof of such due to lack of procedure evidence. In the rules of engagement being followed by PDEA it clearly stated that confidential informant (CI) information should be written down on a logbook and signed.

State Prosecutor John R. Resado noted that the prosecutor manual allows them to release resolutions of dismissal. Chief State Prosecutor Jovencito R. Zuño, Chairman of Task Force Anti Narcotics and Dangerous Drugs (TFANDD) also stated that in his level he believes the Joint Inquest Resolution was valid, final and executorial on December 19, 2008 (Friday). Senior State Prosecutor Phillip I. Kimpo, Vice Chairman of (TFANDD) also informed the panel that in his level, he not only solely review the Joint Inquest Resolution but referred it as well to his reviewer, Prosecutor Lagada.

Congressional Hearing on Dangerous Drug February 20, 2009 (Thursday) respondents Brodett and Tecson testified freely before the honorable congressmen while respondent Joseph, with the advise of his lawyer invoked his right to silence.

Congressional Hearing on Dangerous Drug March 2, 2009 (Monday) is scheduled for an executive session with said PDEA agents, respondent, DOJ and others involved in the case with no television media and only radio broadcast.


Thursday, February 26, 2009

WEAKends in PDEA

Weekends and holidays inside PDEA would start at about nine am, the earliest time that visitors are permitted to enter on weekends and holidays. Saturdays are just like any normal weekday but the only difference is that there are loads of guests who come to visit. One of the alabang boy’s mothers has arranged for regular Sunday masses to be conducted inside the custodial detention facility. We have a wide range for priest selections; a young Mexican priest, ‘Fr. Mohinder’ the Indian priest, Fr. Joey ‘The Sleeping Priest’ our parish priest, Fr. Christian, Fr. Joey who has a great sense of humor and Fr. Nick. At around eleven am we start setting up for mass by preparing the dining table covered with white linen cloth and topped with two candles and a crucifix as our altar. We sweep, mop and line up the chairs in order. During all this setting up, our designated choir members and guitar soloist are preparing the mass song notes and vocalizing. As soon as the organizers arrive they hand out the mass pamphlets and assign readers. During the duration of the mass our muslin brothers take charge of welcoming the guests arriving while others join the Chinese detainees watching morning shows on mute television inside. After the Eucharistic celebration we are then treated to lunch from the Tecson ‘restaurant’ wherein everyone comes together to enjoy the home cooked meals. Holidays are the most special occasions we celebrate here inside PDEA. It starts like any ordinary day but eventually lasts until late at night with music and live entertainment to accompany the holiday festivities, keeping everybody in high spirits. Inside PDEA we celebrate holidays and birthdays as one happy ‘family’. For those brief moments we get wrapped up in all the festivities and actually forget our personal problems or even that we are in detention inside PDEA. This high however is followed by a crash just like every other high. It comes in quick and leaves you depressed and hanging with the realization that we’re still stuck inside this crazy rat hole. After all the merry making and cheerful banter only silence remains leaving us in each of our corners dreaming, hoping and praying that one day our release papers will arrive and close this dark chapter of our lives.

Detainee Weekday Routine

A normal day inside PDEA would start at about seven am. I’d wake up at this time and have a few precious minutes of silence for myself. This is when I like to read the daily entry from ‘Our Daily Bread’. After contemplating on the biblical verses I read I would then begin reading one of my other novels. Anytime between seven thirty to eight thirty the guard on duty comes in to execute a head count. All of the detainees are asked to come out and form five lines and they begin to count off. After the head count all the fluorescent lamps are switched on. The detainees who sleep in the outer room are asked to pack away their mats or in most cases cardboards. Anyone who wants to sleep some more have to move inside. The people who remain outside if their lucky are given 15 minutes to step outside and see the sun. Sometimes when the guard on duty is nice we are allowed to go out with out handcuffs. This is what they call ‘pa- araw’. When we return from pa-araw it’s time for breakfast. Breakfast is usually slice bread with ‘cheez-wiz’ or peanut butter. The detainees usually lounge around and make ‘kwentuhan’ (chat) for several hours. This is also when we line-up for our turn for our morning showers. If you’re a VIP someone else line’s up for you. If your somewhere at the bottom of the food-chain you shower after everyone else and after several chores.



The first real meal of the day for the alabang boys is when Myra’s ‘karindirya’ (canteen) comes rolling in at around one pm. One pm is the earliest time that visitors are permitted to enter on weekdays. After eating a full meal we are then treated to merienda from the Tecson ‘restaurant’ which is more like second lunch. It has become a habit for us boys to pray the chaplet of Divine Mercy at three everyday. Just before five pm ‘Sammy’ arrives with dinner from ‘Joseph’s kitchen’. At five pm we say goodbye to our guests. After which we sweep, mop and take the trash out for a brief glimpse at sunset. After all the cleaning the second head count commences.



Evenings at PDEA are usually very noisy. People are clustered in small groups chatting amongst themselves. Although they are next to each other they like to scream at who their talking to as if they were far apart. This is especially true for the people from Pampanga. Everyone lines up for their evening showers. Some watch TV mainly news and tele-seryes. Others are glued to their personal DVD players which is the most desirable gadget inside the detention facility. If there’s someone to put a DVD player to the test leave it to a detainee. He’ll have that thing headed back for repairs before the warranty expires. At about eight in the evening we set the table for ‘family dinner’. Inside PDEA the detainees have dinner with their ‘families’ meaning their respective groups. This for some reason is strictly followed as if it was some sort of law with exceptions for birthdays and despedidas which brings all families together. After dinner it’s time to do the dishes, this is when the alabang boys keep close watch over their Tupperware and utensils which have a tendency to vanish. At exactly nine pm the final head count is administered signifying the shut down of the main lights. This is when the cozy night lights come on and books from the mini library (a plastic box) are brought out. For those who have eaten their full but are still hungry, a midnight snack is cooked up at around two am. This however is a full meal with rice and ulam served with juice which has to have ice. All of the alabang boys are asleep by three am, there are some however who sleep close to sunrise and even more suspicious those who don’t seem to need sleep.

Wednesday, February 25, 2009

1-on-1 with The Alabang Boy's

Jorge Jordana Joseph

Personal Info:

22 years of age

Virgo, born in the year of the Tiger

Filipino-Spanish

Roman Catholic

Single

4th child

5’11 in height

Caucasian

Hazel-Green Eyes

Hobbies:

Traveling, Music, Movies, Film, Theater, Swimming, Basketball, Soccer, Volleyball, Biking, Reading, Meditation, Animals & Others

Affiliations:

Rotarac Ayala Alabang Chapter

Alyansang TAPAT sa Lasalista

L.O.Y.A.L.

Habitat for Humanity

DLSZ Alumni

Gawad Kalinga

Junior Management Association (JMA)

Animo Theatro

DLSU-C BA Alumni

College:

Graduate of De La Salle University – Canlubang (DLSU-C) 2008

Bachelor of Science in Business Administration - Management (BSBA-M)

* Lasalian Loyalty Award

* Dean’s List

* Soccer Varsity

High School:

Graduate of De La Salle Santiago Zobel School (DLSZ) 2004

* Student Representative Coordinating Council (SRCC) Executive Vice-President (EVP)

* Lasalian Loyalty Award

* Exemplary in Conduct

* Discipline Board Member

* Baseball Varsity

* Pep Squad (De La Salle Archers)

* CAT/COCC Officer

Work Experience:

Rock Radio Café / 106.3FM

- Deejay/ Emcee/ Events Organizer & Promoter

Vice Productions

- Events Organizer/ Marketing/ Sales & Promotions

Position 1, Inc.

- Marketing & Promotions Assistant

Philippine Wine Merchants, Inc.

- Sales Area Manager

Warehouse 135, Inc.

- Event Organizer & Promoter




Richard Santos Brodett

July 18 1983

Cancer, born in the year of the Pig

Filipino

Christian

Single, no kids

2nd child, youngest

5’9

Moreno

Brown eyes

I enjoy playing sports, my favorite would be Ultimate Frisbee. Before PDEA I would play as often as I could. I played with my friends for ‘Alabang Ultimate’. When I was younger I played basketball, although now I just like to watch NBA tv. When I wasn’t too busy with work I would go mountain biking on the weekend.

I attended high school at Maria Montessori (inside AAVA). After which I went to UST. I took biology for three years before transferring to Mapua where I finished Digital Arts and Design. I worked with Summit Media shortly after as a graphic artist. I then transferred to Rudy Project where I worked as a Corporate Sales Manager. I enjoyed both of those jobs, and I was lucky to be working with some really nice people.

I am a movie buff. I make sure that I see at least one nice film in the theatre every week. I also like to listen to music, and I’m not picky with the genre. I can appreciate any tune that carries a nice beat. I enjoy reading which has turned into my number one past time behind bars. I particularly enjoy fantasy novels. I’m the type of reader who reads several titles at the same time. I will usually switch from a fantasy to a suspense fiction and even a religious title. The one book that I read every day however is the bible. I try to make it a point to read it first thing in the morning.

I come from a small family that I love with all my heart. ‘Family always comes first’ is a mantra I’ve believed in for as long as I can remember. I have grown-up to be a good man and very well balanced and I give all the credit to my family. The newest member of our family would be my baby Hal. He’s my pet golden retriever and a true member of the family.

No girlfriend as of the moment. And No I did not have several before incarceration. I’ve only had two girlfriends. My last one was a five year relationship with a really sweet girl.

Before acquiring my bad-boy alabang boy image I was actually a good-boy . I go to church every week, pray before sleeping and did my share to help others. I used to teach bible stories to juveniles convicted of heinous crimes, such as murder, rape and alike. I helped as much as I could with our own NGO ‘Sinag Pangarap’. We are a small organization that is determined to provide second chances to boys who have gone astray.

Tuesday, February 24, 2009

The Controversial Arrest

On September 19, 2008 (Friday) the Sensation that we have come to know as the 'Alabang Boys' was nabbed by P.D.E.A. (Philippine Drug Enforcement Agency) agents in a "buy-bust" turned shoot-out operation. Two of them from inside the exclusive Ayala Alabang Village and the other at the Araneta Center in Cubao. Supposedly seized from them were allegedly ecstasy, marijuana and cocaine. Aside from the three alabang boys there were two other mystery boys nabbed with them.

September 20, 2008
Inside the PDEA compound specifically the S.E.S. (Special Enforcement Services) office the five suspects were interrogated separately by Major Ferdinand Marcelino, S.E.S. Director. The boys and their loved ones looked defeated, one of them was badly beaten. They were all quiet and surrounded by agents who proudly paraded themselves around the boys taking their photos with their cameras and cellphones. The sight was that of a successful hunting party brooding over their catch. Before the break of dawn, two boys were released for reasons unknown and never to be seen again.

These two paragraphs are the tip of the ice berg of the 'Alabang Boys' Sensation. All the information above is already publicly available but, as for the rest of the story I will leave to the infamous boys themselves to tell.




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