Neutralization of a Transnational Drug

Republic of the Philippines Office of the President PHILIPPINE DRUG ENFORCEMENT AGENCY NIA Northside Road, National Government Center Barangay Pinyahan, Quezon City PRESS RELEASE # 068/16 DATE : February 14, 2016 AUTHORITY : UNDERSECRETARY ARTURO G. CACDAC, JR., CESE Director General For more information, please text or call: Mr. Glenn J. Malapad, OIC, Public Information Office Tel. No. 929-3244, 927-9702 Loc.131; Cell phone: 09274560042 ______________________________________________________________________________ PDEA WELCOMES DOJ’S DECISION NOT TO INTERFERE WITH MARCELINO’S CUSTODY TRANSFER PLEA The Philippine Drug Enforcement Agency (PDEA) welcomes the decision of the Department of Justice (DOJ) not to intervene in the detention transfer plea of Lieutenant Colonel Ferdinand Marcelino, while undergoing preliminary hearing on drug charges against him. PDEA Director General Undersecretary Arturo G. Cacdac, Jr. said this after DOJ issued a press statement that DOJ will not interfere with the issue of who should have custody or jurisdiction but instead would abide by their mandate of determining probable cause to charge Marcelino and Chinese national Yan Yi Shuo, who were arrested for their presence in a suspected clandestine shabu laboratory in Celadon Residences, Sta. Cruz, Manila last January 21, 2016. Marcelino, who is presently detained at the Bureau of Jail Management and Penology (BJMP) Camp Bagong Diwa, Taguig, had earlier requested to be transferred to the custody of the Philippine Navy, citing safety and security reasons. In response to the request, the investigating prosecutor, in a letter to BJMP dated January 29, 2016, proposed for the transfer of the respondents to the NBI, or to the Philippine Navy Headquarters. PDEA, in a letter to Hon. Theodore M. Villanueva, Senior Deputy State Prosecutor of DOJ, however objected to the latter’s proposal to transfer the custody of Marcelino from the BJMP to either the NBI or the Philippine Navy. “We respectfully oppose Marcelino’s transfer since the NBI’s detention center is not a regular jail facility in contemplation of the law. It serves only as a temporary lock-up facility, basically for its arrested persons. Also, our State, at present has specifically created regular jail facilities in the entire country when it enacted Republic Act No. 6975, (or the Department of Local Government Act of 1990) as further amended by RA 9263 (or the Bureau of Fire Protection and BJMP Professionalization Act of 2004),” Cacdac said. “In the conduct then of the arrest, delivery of Marcelino and Shuo to proper authorities, inquest and preliminary investigation of the charges against them, the provisions of the present Revised Rules on Criminal Procedure, in relation to Section 125 of Revised Penal Code, as amended, serve as the legal basis,” Cacdac said. “The temporary custody of Marcelino at the BJMP was favorably endorsed by PDEA under existing laws or rules. Furthermore, based on the existing Memorandum of Agreement dated August 10, 2011 between the agency and BJMP, the latter can assist the former in the custody of persons arrested for drug-related offenses,” Cacdac noted, adding that in reference to Marcelino’s concern over his safety in the BJMP facilities, this can be properly addressed by the maximum safety and security undertakings, protocols and procedure being implemented by the BJMP. The rules which apply to Marcelino since he was arrested without a warrant, are Section 5 of Rule 113 on lawful warrantless arrest and Section 6 of Rule 112 which provides that “when a person is lawfully arrested without a warrant involving as offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules”, of the same criminal procedure. Cacdac added that under the 1987 Philippine Constitution, Executive Order No. 106 Series of 1937, which was issued during the effectivity of the 1935 Philippine Constitution, finds no legal application to the arrest and custody over Marcelino, who was lawfully arrested for violation of RA 9165, for him to be transferred to the custody of his commanding officer of the Philippine Navy. The enactment of RA 9165 and the present Revised Rules on Criminal Procedure was based on the relevant provisions of the 1987 Philippine Constitution (Marcelino allegedly violated the penal law during the effectivity of the present constitution). PDEA’s records show that there are other officers and enlisted personnel of the Armed Forces of the Philippines (AFP), not to mention, members of the Philippine National Police (PNP) who, like Marcelino, have been arrested and jailed for committing crimes. “Thus, to treat him (Marcelino) differently just because of his concern, when there are others who are similarly situated, will result in a dangerous precedent that is a clear violation of the equal protection clause of the Philippine Constitution,” Cacdac pointed out. From 2010 to 2015, 39 AFP personnel were arrested for drug-related offenses. “We sincerely hope that Hon. Villanueva will not grant the urgent motion of Marcelino’s counsel for his custody to be transferred to either the NBI or Philippine Navy,” the PDEA chief said. # # # .

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