Vitaliano Aguirre II
Justice Secretary Vitaliano Aguirre II is facing another legal battle鈥攖his time against a defiant subordinate.
The Court of Appeals (CA) has directed Aguirre to justify his decision to suspend Manila City Prosecutor Edward Togonon last month.
Togonon is questioning Aguirre鈥檚 June 8 order that suspended him for 90 days, saying it was based on an 鈥渆rroneous assumption鈥� regarding the death three months ago of a 61-year-old drug suspect while in the custody of the Manila Police District (MPD).
In an order dated July 5 and released on Thursday, the appellate court鈥檚 Fifth Division directed Aguirre to explain why it should not grant Togonon鈥檚 petition for a temporary restraining order.
The Manila prosecutor also challenged two points in the secretary鈥檚 suspension order: His replacement by Alexander Ramos, Aguirre鈥檚 Lex Talionis fraternity brother; and Aguirre鈥檚 directive to have Togonon charged with gross neglect of duty, insubordination and conduct prejudicial to the best interest of the service.
In seeking the CA鈥檚 intervention, Togonon said the justice secretary arbitrarily ordered his suspension, which he said violated his right to due process and security of tenure as spelled out in Republic Act No. 10071, or the National Prosecution Service Act of 2010.
He said Aguirre鈥檚 order stemmed from a TV news report about the death of detained drug suspect Api Ang, who was arrested by the MPD in a sting operation along with three other suspects on Nov. 21, 2016.
On Jan. 30 this year, Ang was indicted for possession of illegal drugs and firearms, but the charges against his companions were dismissed for lack of evidence.
鈥淩eacting on the news report but without first verifying his facts, [Aguirre] directed [me] to explain Ang鈥檚 continued detention until his demise in April despite the supposed dismissal of the criminal case against him,鈥� Togonon said in his petition for certiorari. Ang reportedly died due to an illness.
In his reply to Aguirre, Togonon recalled, he explained to his boss that there was no truth to the TV report that Ang had been cleared. He also explained that Department Order No. 4鈥攚hich Togonon allegedly violated鈥攄id not specify whether the release order for suspects cleared of drug charges should come from the city prosecutor or the justice secretary.
鈥淸Aguirre] whimsically and gravely abused his discretion in effecting the relief of petitioner in the guise of preventive suspension from his present permanent post,鈥� Togonon said in his CA petition.
He acknowledged that he had earned Aguirre鈥檚 鈥渁nnoyance and irritation鈥� when he assailed the designation of Ramos in May as the new Manila city prosecutor for being 鈥渁dministratively infirm.鈥� Togonon noted that he was replaced by Aguirre鈥檚 鈥渏unior fraternity brother.鈥�
鈥淏y reason of petitioner鈥檚 objection and perhaps realizing the legal frailty of his action, [Aguirre] did not pursue Ramos鈥� designation,鈥� he said.
Togonon also told the appellate court that Aguirre had suspected him and other senior state prosecutors, including former Prosecutor General Claro Arellano, of being part of a supposed plot to unseat him as justice secretary.