Justice Secretary Vitaliano Aguirre II has suspended Manila City Prosecutor Edward M. Togonon for 90 days for not complying with his order to release three detainees arrested for illegal drugs, despite the dismissal of cases against them.
Aguirre designated as officer-in-charge lawyer Alexander Ramos, who is current director of the Witness Protection Program and a fellow member of Lex Talionis Fraternity where both Aguirre and President Rodrigo Duterte are members.
“He [Togonon] was suspended for not following the D.O. [Department Order] in not releasing three detainees despite the dismissal of the case against them,” Aguirre said in a text message.
Togonon will serve the suspension for 90 days.
On Jan. 4, 2017, Aguirre issued Department Circular No. 004 which provides that a respondent whose case for violation of the Comprehensive Dangerous Drugs even if it involves the maximum penalty of reclusion perpetua, or imprisonment of 20 years and 1 day to 40 years shall be immediately released from detention even if the case is pending automatic review before the Department of Justice.
Aguirre reversed the Department Circular No. 022 dated Feb. 12, 2013 issued by former DoJ secretary Leila M. de Lima, with the subject “Guidelines on the Release of Respondents/Accused Pending Automatic Review of Dismissed Cases involving Republic Act No. 9165, Comprehensive Dangerous Drugs Act.”
Under the circular, certain respondents when arrested shall remain in detention while their respective cases are under Automatic Review, despite dismissal of the preliminary investigation of cases against them.
Also, DC No. 050 dated December 18, 2015 issued by then Sec. Alfredo Benjamin S. Caguioa amended the same in requiring that the respondent shall be immediately released from detention pending automatic review only if the case subject of the automatic review is not resolved within thirty (30) days.
Aguirre said the two issuances issued by De Lima and Caguioa are in violation of the people’s right to liberty. He thus issued DC No. 004 dated January 4, 2017 which mandates that even with the automatic review, a respondent may be released from detention if initial probe orders the dismissal of case filed against him.