THE COURT of Appeals (CA) has ordered Justice Secretary Vitaliano N. Aguirre II to comment on the petition filed by Manila City Prosecutor Edward M. Togonon, who was ordered suspended by the justice chief for not following a department order on the release of three detainees.

Mr. Aguirre ordered a 90-day suspension for Mr. Togonon after the latter supposedly refused to release three detainees whose drug charges have been dismissed.

Mr. Togonon asked the appellate court for a temporary restraining order on the suspension order. In his petition to the CA, he said Mr. Aguirre committed grave abuse of discretion.

“Without necessarily giving due course to the Petition, respondent are required to file Comment thereon, to the Supplemental Petition and to Show Cause why no TRO and/or WPI should be granted within ten (10) days of notice to which petitioner may file a Reply within five (5) days from receipt of private respondents’ Comment,” the CA order penned by Executive Clerk of Court III Caroline G. Ocampo-Peralta reads.

According to Mr. Aguirre, the city prosecutor failed to comply with Department Circular (DC) No. 004 that says a respondent whose case for violation of Republic Act (RA) No. 9165, the comprehensive anti-drug law, has been dismissed shall be immediately released from detention even if the case is pending before the Department of Justice (DoJ) for automatic review.

The case stemmed from the dismissal of charges against Api Ang, who was arrested in a drug raid on Nov. 21, 2016. Mr. Ang eventually died in detention last April. Mr. Aguirre noted that Mr. Ang remained in detention despite the dismissal of drug charges against him.

The National Bureau of Investigation (NBI) also received orders from the Justice chief to probe the case. A similar investigation was also ordered by the National Capital Region Police Chief Director Oscar D. Albayalde, on the 25 police officers who arrested Mr. Ang by allegedly planting drugs as evidence.

Mr. Aguirre has designated DoJ-Witness Protection Program head Alexander Ramos, his fraternity brother from Lex Talionis fraternity, as the officer-in-charge. — Kristine Joy V. Patag

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