Connect with us

Breaking

Aguirre: Why was detainee not released despite dismissal of his case?

Published

on

Justice Secretary Vitaliano Aguirre II has ordered an investigation on why a 61-year-old detainee of the Manila Police remained in detention despite the dismissal of his drug case. (PNA photo)

Justice Secretary Vitaliano Aguirre II has ordered an investigation on why a 61-year-old detainee of the Manila Police remained in detention despite the dismissal of his drug case. (PNA photo)

MANILA—Justice Secretary Vitaliano Aguirre II has ordered an investigation on why a 61-year-old detainee of the Manila Police remained in detention despite the dismissal of his drug case.

According to reports, Api Ang was arrested on Nov. 21 last year by members of the Manila Police who raided his hotel room and allegedly found drugs, drug paraphernalia and ammunition.

The case against Ang was dismissed by Manila’s City Prosecution Office and was automatically reviewed by the Office of the Justice Secretary. Despite the dismissal of his case however, Ang remained in detention until his demise last month.

Aguirre on Thursday pointed out that Ang’s continued detention could be due to confusion over issuances of the past administration. He referred to Department Circular No. 022, issued Feb. 12, 2013 by then secretary Leila de Lima, on the “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 the dismissal of the preliminary investigation of their cases.

This was amended by Department Circular No. 050, issued Dec. 18, 2015 by then secretary Alfredo Benjamin Caguioa, which requires that the respondent be immediately released from detention, pending the automatic review only if the case is not resolved within 30 days.

Observing that these circulars violate the people’s right to liberty, Aguirre said he issued a circular last January “to rectify this grave wrong”.

”Department Circular No. 004, which I issued on Jan. 4, 2017, provides that notwithstanding the automatic review of cases covered by RA No. 9165 and involving the maximum penalty of reclusion perpetua or life imprisonment, the respondent shall immediately be released from detention unless detained for other causes,” Aguirre said. “I have ordered an investigation into why this provision was not observed in the case of Mr. Ang.”

He said the department abides by the Constitution and, “as a matter of high policy, directs all its officials and personnel to ensure that no person shall unduly suffer prolonged detention once his or her case has been dismissed, even if the same should be subjected to an appeal or review”.

The justice chief lamented that a detainee had to die before this department found out about the confusion over the circulars of the past administration.

Aguirre said he has already instructed the National Bureau of Investigation (NBI) to look into the circumstances leading to the arrest and subsequent death of Ang, and why he was not released upon the dismissal of the criminal complaint against him, and the status of the automatic review of his case.

He noted that the NBI is currently conducting an investigation on possible violations of the law by police officers responsible for the arrest and death of Ang.

He has also ordered City Prosecutor Edward Togonon to explain the reasons and circumstances behind Ang’s continued detention.

“All those responsible will be held accountable,” Aguirre said.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Lifestyle3 hours ago

Family Estrangement: Why It’s Okay

Family estrangement is the absence of a previously long-standing relationship between family members via emotional or physical distancing to the...

Lifestyle1 month ago

Becoming Your Best Version

By Matter Laurel-Zalko As a woman, I’m constantly evolving. I’m constantly changing towards my better version each year. Actually, I’m...

Lifestyle2 months ago

The True Power of Manifestation

I truly believe in the power of our imagination and that what we believe in our lives is an actual...

Maria in Vancouver3 months ago

DECORATE YOUR HOME 101

By Matte Laurel-Zalko Our home interiors are an insight into our brains and our hearts. It is our own collaboration...

Maria in Vancouver3 months ago

Guide to Planning a Wedding in 2 Months

By Matte Laurel-Zalko Are you recently engaged and find yourself in a bit of a pickle because you and your...

Maria in Vancouver3 months ago

Staying Cool and Stylish this Summer

By Matte Laurel-Zalko I couldn’t agree more when the great late Ella Fitzgerald sang “Summertime and the livin’ is easy.”...

Maria in Vancouver4 months ago

Ageing Gratefully and Joyfully

My 56th trip around the sun is just around the corner! Whew. Wow. Admittedly, I used to be afraid of...

Maria in Vancouver5 months ago

My Love Affair With Pearls

On March 18, 2023, my article, The Power of Pearls was published. In that article, I wrote about the history...

Maria in Vancouver5 months ago

7 Creative Ways to Propose!

Sometime in April 2022, my significant other gave me a heads up: he will be proposing to me on May...

Maria in Vancouver6 months ago

Why Eating Healthy Matters

We are what we eat, so don’t be fast, cheap, easy, or fake — we should take these words to...