TWO of the three members of the so-called “Alabang Boys” were acquitted of drug charges yesterday, dealing a big blow to the police campaign against illegal drugs.

Muntinlupa City Judge Juanita Guerrero acquitted Richard Brodett and Jorge Joseph of drug trafficking charges and ordered their release from detention.

The judge blamed the Philippine Drug Enforcement Agency for failing to follow the chain of custody of the evidence seized from the suspects in a buy-bust operation on September 20, 2008 inside the posh Ayala-Alabang Village.

Seized from the two were tablets of ecstacy, cocaine and marijuana.

The rules require duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure to receipt in the forensic laboratory to safekeeping to presentation in court for destruction.

“Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence and the final disposition,” the court said.

PDEA director general Jose Gutierrez was surprised and saddened by the ruling. He had earlier expressed confidence that the defendants will be convicted saying their case was airtight.

The third member of the group, Joseph Tecson, was apprehended by anti-drug operatives on the same date in Quezon City. His case is separately being tried by Branch 227 of the Quezon City Regional Trial Court.

The decision also shocked Justice Secretary Leila de Lima.

“It’s a surprising development. I’ll look into that,” De Lima told reporters.

“I will check what went wrong in that case. I was really shocked by this,” she added.

Felisberto Verano, counsel of the accused, said his clients were vindicated by the court’s decision.

He said justice was served since the prosecution failed to establish that the accused were guilty beyond reasonable doubt.

The PDEA linked the “Alabang Boys” to the Valle Verde group, which allegedly supplies illegal drugs in Manila and Baguio City and to a larger international syndicate that sells the prohibited stuff through the Internet.

The case generated much controversy after then PDEA Director General Dionisio Santiago claimed that the family of the three suspects attempted to bribe prosecutors P50 million to dismiss the case.

Then Chief State Prosecutor Jovencito Zuño denied the bribe offers.

PDEA Special Enforcement Service chief Ferdinand Marcelino also revealed that a Justice official, later identified as former Undersecretary Ricardo Blancaflor, called him asking why the three were not yet released despite a resolution from the DoJ clearing them of the charges.

Malacanang however does not consider the acquittal a major setback, saying there are legal remedies that the government can resort to.

Deputy Presidential Spokesperson Abigail Valte said the Palace leaves the issue to Justice Secretary Leila De Lima.

Chief State Prosecutor Jovencito Zuño said the decision proved his claim that the PDEA bungled the case.

“I feel vindicated by the  decision because it proves my decision right and my initial stand was correct. We cannot sacrifice the rights of human beings because everyone has constitutional rights,” he added.  

With Efren Montano