Philippine Drug Enforcement Agency(PDEA)

On behalf of three people falsely arrested by PDEA in Angeles City on August 11, 2023, I previously asked for copies of the arrest video and surveillance evidence. PDEA denied the request without stating why and despite the defendants having the right to access all evidence claimed to exist against them in their case. 

As the FOI officer would not state the reason for the denial, I appealed to Director General Lazo. My request was ignored. 

In light of this unexplainable situation, I am lowering my expectations. The defendants claim that the arrest video and surveillance evidence (or lack thereof) will prove their innocence. 

Therefore, I would like for PDEA to confirm or deny the existence of this evidence.

Dear Mr. Garzotto,
Please be informed that we have received your request and referred it accordingly to the concerned Offices. Rest assured that in the coming days, the response to your request will be made available to you. Best regards.

PDEA FOI Officer, 

The defendants claim there cannot possibly be an arrest video or surveillance evidence as the arrest was falsified and evidence was planted. 

For a year, while the case went on, requests for the arrest video and surveillance evidence were denied by PDEA. 

A subpeona from Commission on Human Rights requesting the information was denied. 

A request by letter from Senator Jinggoy Estrada to Director General Lazo requesting the documents was ignored. 

My request under the Freedom of Information Act on behalf of the defendants was denied. (I supplied copies of their IDs and contact information to verify I was requesting on their behalf.)

Director General Lazo again denied the request under an unspecified exemption. 

Clearly, like everything else PDEA Teams Aurora and Bataan falsified on August 11, 2023 including:

Both Authority to Operate documents with photocopied signatures of Mercilyn Vicente and forged signatures of Regional Director Ronald Alan Ricardo. Each also included falsified license plate numbers that do not follow the standard LTO format of "ABC 1234"

Certificates of Coordination with falsified control numbers and correction fluid underneath the names of the Target(s) and Target Location(s)

Two sets of drug tests and chemistry reports which use the exact same photocopied signature of Administering Officer Blessie Talavero. 

Photos of the inside of M. Cajontoys home which could not possibly accomodate six individuals  (which is why they are only photographed outside the house). 

Photos of PDEA Team Bataan's falsified pre-operation photo. 

An image indicating the five meter proximity of the two operations which took place in the same hour using the same required witnesses. Despite this, in court, both PDEA teams denied any knowledge of another operation the same night. 

Despite all this, Director General Lazo claims an investigation was done and the agents were cleared. 

Who conducted the investigation? Your public relations team or IAS? 

I've made my point. You are clearly denying access to the video of the arrests and surveillance evidence because these do not exist. 

Therefore, I simply want a public statement by your agency claiming the arrest videos and surveillance evidence do exist as further evidence to proceed with criminal charges in this case.

All the files I mentioned are in this document.

Or is confirming or denying the existence of the arrest videos and surveillance documents also covered by an unspecified "exemption"?

Dear PDEA FOI Officer, 

In the interest of  public transparency, please reply here at the FOI website as to the existence or lack of existence of arrest videos and surveillance evidence. 

Under FOI rules, exemptions are allowed when there are concerns for national security, privacy or that there will be an impact on a pending case. 

In the case of M. Cajontoy, the case is over and they have been acquitted. However, during the trial the arrest videos and surveillance evidence were never made available. 

There was never a national security or privacy issue related to  the case and the case is no longer pending. You've denied access to the actual evidence under unspecified exemptions. For the moment, please acknowledge whether the evidence exists or does not.

Dear Mr. Garzotto,
Mabuhay!
Thank you for utilizing the eFOI portal (www.foi.gov.ph) and exercising your right to information under Executive Order No. 2, s. 2016 on Freedom of Information in the Executive Branch.
We have received your request on Confirmation of existence or lack thereof of evidence, dated Aug. 13, 2024.
While our primary objective is to provide information whenever possible, we regret to inform you that the requested information fell under the list of exceptions pursuant to Memorandum Circular No. 15, or Updating the Inventory of Exceptions to the Right to Access of Information under Executive Order No. 02, series of 2016.
An email was likewise sent to you informing that the request was denied, attached with a scanned copy of the Letter of the Director General. A physical copy of the letter was also sent to your given address in Angeles City, Pampanga.
Thank you.
Respectfully,
Glenn Malapad
FOI Officer
Philippine Drug Enforcement Agency