By Rey E. Requejo

The Court of Appeals has issued a writ of habeas corpus directing the Philippine Drug Enforcement Agency to bring the “Alabang Boys” before it and justify their continued detention.

In a resolution, the court’s 13th Division ordered the drug agency to produce drug suspects Richard Brodett and Joseph Tecson before the appellate court on Wednesday (Jan. 21) next week.

The relatives of the drug-dealing suspects earlier asked the court to free them from detention since their arrest during separate sting operations in Ayala Alabang and Quezon City last Sept. 20.

In their petition, the Brodett and Tecson families urged the court to order the drug agency to show cause for continued detention of the suspects.

Defense lawyer Felisberto Verano cited a resolution approved by Chief State Prosecutor Jovencito Zuño, dated Dec. 2, 2008 ordering the release of the suspects. Named respondents in the habeas corpus suit were PDEA Director Gen. Dionisio Santiago, Maj. Ferdinand Marcelino and lawyer Alvaro Lazaro.

Brodett was arrested in Ayala Alabang subdivision in Muntinlupa along with Jorge Joseph. Tecson was arrested in a separate operation in Araneta Center in Quezon City.

They were charged with violating the Comprehensive Dangerous Drugs Act of 2002 and have been in detention since September.

Verano, the lawyer for the two suspects, said the PDEA should have immediately released the suspects after the Justice Department ordered the dismissal of the drug charges.

Verano invoked the Justice Department Circular 46, which called for the automatic review of dismissed cases involving violation of Republic Act 9165, did not expressly implied that the suspects should be detained pending automatic review of the case by the Justice secretary.

The petition also said there is no charge against Brodett and Tecson, therefore, PDEA has no reason to detain them.