By Rey E. Requejo

THE Court of Appeals said yesterday that the three drug suspects dubbed as the ?Alabang Boys? will remain in detention at the Philippine Drug Enforcement Agency because the dismissal of the charges against them will still have to be reviewed.

The appellate court rejected the petition for habeas corpus filed by relatives of the ?Alabang Boys??Richard Brodett, Jorge Joseph, and Joseph Tecson? noting that the writ is a legal remedy only in cases where the people sought to be released are illegally detained by authorities.

Justice Secretary Raul Gonzalez said the dismissal has vindicated the Justice Department of ?illegal detention? charges.

Gonzalez said: ?This decision is very significant because it justifies our action in insisting that they remain in detention: One, because they signed a waiver agreeing that they remain in detention pending completion of preliminary investigation; and, two, that our circular is valid.?

?The point is that if they could be released from detention pending the review of the dismissal of their cases, the automatic review upon which the government asserts itself in ascertaining its action, altogether loses its primordial determination and intent. The automatic review underlines the concern and caution of the DoJ that the dismissal of the case is beyond question,? the court said.

?I was expecting that ruling because to me there was really no legal basis for that [petition for habeas corpus],? he added.

Nonetheless, Gonzalez admitted that there is an ?unfortunate delay? in the preliminary investigation of the case against the ?Alabang Boys? because he has to wait until the three-man panel chaired by retired Supreme Court Associate Justice Carolina Grino -Aquino concludes its independent probe of the bribery scandal, in connection with the dismissal of the drug case of the ?Alabang Boys.?

Aside from Aquino, the other members of the panel?which will be formally convened on Thursday?are retired Sandiganbayan Justice Raoul Victorina and San Beda law school dean Fr. Ranhillo.

In an 11-page decision written by Associate Justice Monina Arevalo-Zenarosa, the CA?s Special 13th division ruled that the drug suspects should remain in anti-drug group?s detention.

?Having established that the preliminary investigation is yet to be completed pending the review of the DoJ Secretary, we rule that [they] cannot demand immediate release from custody based on the finding of lack of probable cause by the state prosecutor. At the risk of being repetitive, such finding is yet to attain finality,? the appellate court ruled.

The court said the petitioners failed to justify their claim that their right to due process had been violated with their continued detention. ?We remain unconvinced that the three were deprived of due process... Mere allegation of a violation of one?s constitutional right is not sufficient,? it added.