"It is but proper and fitting that this Court commend the unfaltering and very able assistance rendered to the accused, seen from the excellent presentation made of his case, particularly by his defense counsel, Atty. Abelardo L. Aportadera, Jr., of Davao City, who unstintedly and magnanimously contributed his legal talents and efforts in the hope that justice may ultimately prevail." X X X
Supreme Court Decision in 'People of the Philippines - versus- Lucio Lumayok' G.R. No. L-54016
As the year 2008 was ending and the Filipino people were trying to savor the “economic holidays” declared by the GMA Administration, leading national papers blurred out banner headlines on the P50 Million bribery offer to state prosecutors to dismiss a drug complaint filed by the Philippine Drug Enforcement Agency with the Department of Justice against three young suspects labeled as the “Alabang Boys”.
The PDEA caught the “Alabang Boys’ peddling Ecstasy pills in a buy-bust and sting operations in Alabang, Muntinlupa City and Cubao in Quezon City last September 2008. Sixty (60) ecstasy tablets, small bags of marijuana and cocaine sachets were taken from the suspects by the drug agents. However, after three months, the Department of Justice investigating panel dismissed the complaint filed by PDEA for insufficiency of evidence.
According to PDEA chief, Ret. Gen. Dionisio Santiago, the "Alabang Boys are part of a drug international network.” This is a big group, and they use the Internet to get drugs from America. This operation may lead to a bigger one. They (Alabang Boys) are second in line. It's hard to penetrate the second line.”
The applicable law at hand in the Comprehensive Dangerous Drug Act o 2002 (Republic Act No. 9165). It provides for stiffer penalties for drug users and pushers. Under the law, selling of dangerous drugs like shabu is punished by life imprisonment to death with no bail. In case of possession, it depends on the quantity of the drugs confiscated from the offender. Possession of 50 grams or more carries the penalty of life imprisonment to death with no bail while possession of 10 grams or more but less than 50 grams of shabu will carry a mandatory sentence of life imprisonment with no bail. Possession of 5 grams but less than 10 grams has the penalty of imprisonment of 20 years and 1 day to life imprisonment with no bail. Less than 5 grams of shabu carries the penalty of 12 years and 1 day to 20 years and a bail of P200, 000.00.
A “Pusher” is defined by the law as “Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.
The whistle blowers were the officials of PDEA who claimed that they were offered P20 Million to release the suspects. PGEA Chief Dionisio Santiago and his men did not succumb to the color of money and the friendly phone call of an Undersecretary of the Department of Justice to release the drug suspects. One of the few brave and good men of PDEA is Major Ferdinand Marcelino, Chief of the Special Enforcement Service. He is said to have turned down the P20 Million bribe offer. He is a Philippine Marine on loan to the PDEA.
The steadfastness to resist corruption and bribery being displayed by PDEA officials give hope that there are still good and hones men in the GMA Administration willing to stand up and denounce corruption.