MANILA — The National Bureau of Investigation (NBI) on Thursday filed criminal raps at the Department of Justice (DOJ) against NBI detainee Jose Adrian “Jad” Dera and 6 NBI security personnel, a day after they were arrested upon returning to the NBI compound in Taft, Manila.

Dera is accused of corrupting public officials under Article 212 of the Revised Penal Code (RPC), for allegedly bribing the security personnel to allow him to get out of NBI detention facility from 8pm Tuesday until midnight of Wednesday.

The 6 NBI security personnel, meanwhile, are facing complaints for infidelity in the custody of prisoners/detained person under Art. 223 of the RPC, bribery under Art. 210 of the RPC, and for violating Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.

All 7 were brought to the DOJ for inquest proceedings Thursday afternoon but they agreed to a preliminary investigation, waiving their right against arbitrary detention under Art. 125 of the Revised Penal Code.

The next setting is on July 29, when the respondents are required to submit their counter-affidavits.

The NBI submitted a joint affidavit of arrest, photos of the operation and inventory of seized items and screenshot of CCTV footage at a buffet restaurant in Makati City, among others.

Despite evidence that Dera dined at a restaurant, Dera’s lawyer, Mark Anthony Te, claimed there was a medical reason for Dera to be brought out of the NBI detention facility.

“Jad Dera was experiencing gastritis or acid reflux. When you say acid reflux, may mga instances na sobrang taas ng pain scale nya so di siya makukuha sa mga usual antacids. So may pine-prescribe for this. I’m not a doctor but may pine-prescribe na antacids na high dosage para maibsan yung gastritis,” he explained.

Asked which health facility Dera was brought to or if he purchased medicines, Te said he has no information.

He also defended Dera’s dinner at a restaurant, as shown by CCTV footage in the NBI’s possession.

“Di naman natin maru-rule out na baka may nagrequest na kumain. Ang importante dito, di naman siya tumakas. Bumalik naman siya, siguro after 3 or 4 hours,” he said.

Te also pushed back against allegations that Dera went on a date with his girlfriend.

“Di ako makakapag-comment. Kasi di natin maru-rule out na yung kasama e kay Jad Dera agad. Di porque isa lang yung detainee doon, ia-attribute na natin kay Jad Dera agad. So we will respect yung investigation as to that,” he said.

Te’s co-counsel, Atty. Raymund Palad, earlier said Dera had, on some occasions, been taken to hospitals on account of medical emergency, all without needing court orders.

“Yung general rule naman natin, you have to obtain a court order for temporary release pero may exception doon kung kailangan mo ng urgent medical attention, pwede yun…Di ko alam yung procedure, kasi di siya court. NBI procedure sya. So ina-allow naman siya,” Te claimed, although he said he has no information as to who gave Dera permission to go out.

“‘Yung paglabas nya, kinommunicate niya sa NBI. Ngayon, sakay siya ng isang NBI marked vehicle. Government vehicle po ito at nakasakay po doon mga NBI personnel from the security management division. And nakasuot din sila ng polo shirt ng NBI,” he added.

But Justice spokesperson Asec. Mico Clavano contradicted the claim.

“Wala pong nareport na trip ticket so we can assume na hindi siya sanctioned by any office order or any purpose other than to just leave, have dinner and come back,” he told reporters Thursday afternoon.

“Under very exceptional cases na may mga ground po yan na pwede silang lumabas and they have to get information from the proper authorities…If there is any medical need, kailangan ho yan dumaan sa proper authorities,” he added.

NBI RESHUFFLE

In response to the incident, Clavano said the chief of the NBI Detention Center has been relieved from his post due to command responsibility.

“Very soon, there will be a reshuffling of the NBI staff and personnel at the detention center,” he said.

“And as we already promised yesterday, we will have to hold those people accountable, liable for this incident,” he added.

Clavano said the reshuffle is just the first step. Civil, criminal and administrative cases will also be filed against those involved.

“Although we’re not stopping here kasi kailangan ho nating alamin yung kabuuan nitong isyung ito. Hindi naman pwede yung sa baba lang ang mananagot. Alam naman ho natin na hindi naman sila gagalaw kung walang basbas ng higher authority,” he said.

For now, the Justice spokesperson said Dera and the security personnel — 1 of which is a security officer while 5 are job order employees — are being detained separately.

“Importante yan para hindi sila makabuo ng kwento na peke. Kaya sinigurado natin na magkaiba sila ng selda or at least isolated sila sa ibang grupo para hindi na sila makapag-ugnayan,” he said.

The 6 NBI security personnel were not represented by a lawyer during the DOJ probe. Dera’s lawyer assisted them for the time being.

Clavano revealed they had difficulty getting statements from the NBI security personnel because lawyers from the Public Attorney’s Office have declined to assist suspects in executing extrajudicial confessions.

This was supposedly due to a PAO memorandum against conflict of interest, which was issued in the wake of the recantations of accused-witnesses in another case, the killing of Negros Oriental Governor Roel Degamo.

“Siguro ‘yung purpose nun was to avoid conflict of interest when the PAO assists the respondents and then maybe later on, they may also assist the complainants. So they decided to issue this to avoid yung conflict of interest,” he said.

“Kaya we’re asking for their help. We hope they can reconsider this order para naman po, maka-move on yung kasong ito,” he added.

Clavano said they’re confident the security personnel will be assisted by their own lawyers in drafting their counter-affidavits.

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