BY ASHZEL HACHERO and RAYMOND AFRICA
THE Muntinlupa regional trial court Branch 204 has approved the request of the National Bureau of Investigation (NBI) to transfer alleged drug trafficker Jose Adrian “Jad” Dera from its detention center to the Muntinlupa City Jail Male Dormitory owned by the Bureau of Corrections (BuCor).
Muntinlupa RTC Branch 204 Presiding Judge Abraham Joseph Alcantara issued the transfer order on July 3.
The NBI and BuCor – Muntinlupa has inked a memorandum of agreement for the use of the Muntinlupa City Jail Male Dormitory as temporary detention center for NBI detainees being held at the Manila detention facility, which is scheduled for demolition to pave the way for the construction of a new building and jail facility.
The Department of Justice (DOJ) has sought the assistance of the Office of the Court Administrator (OCA) in requesting the Muntinlupa court to allow Dera’s transfer. In response, the OCA issued a memorandum directing the court to issue a commitment order for the immediate transfer of Dera.
“Wherefore, for safety and security reasons and in compliance with the Memorandum dated July 3, 2023 issued by the Office of the Court Administrator, the Motion to transfer Detainee is hereby granted,” Alcantara said.
“Accordingly, the chief of the Security Management Section (of the) NBI is hereby directed to turn over the body of the living person of accused Jose Adrian Dera to the Muntinlupa City Jail Male Dormitory, Tunasan, Muntinlupa City who is ordered to take custody of said accused during the pendency of the case and until further orders from the Court,” he also said.
The DOJ has sought Dera’s transfer to another facility after he was caught returning from a dinner at a buffet restaurant in Makati City with six NBI security personnel last month.
Confiscated from Dera and his escorts were money, firearms, cellphones, and personal stuff in a black sling bag.
DOJ spokesperson Jose Dominic Clavano has said that around P100,000 were seized from the group, made up of 78 pieces of P1,000 bills and more than 200 pieces of P100 bills.
Dera, according to the DOJ, also allegedly enjoys privileges while detained at the NBI, included going in and out of the facility detention center to travel to as far as Tagaytay in Cavite, Subic in Olongapo, and Calatagan in Batangas.
He also supposedly enjoys special food and sleeping conditions.
Meanwhile, Senators Francis Tolentino and Ronald dela Rosa yesterday said Dera has been able to “dictate” on members of the NBI-Security Management Section (NBI-SMS) in exchange for money and “good food” whenever he sneaks in and out of the bureau’s jail facility.
The Senate Committee on Justice and Human Rights, which is chaired by Dela Rosa, held a motu propio investigation into Dera’s June 21 escapade.
Dera told senators that he managed to get out of the detention facility about three to four times, the first one for a medical checkup on December 2021, while the rest were without proper court of management clearance.
He admitted going to Tagaytay City and Calatagan in Batangas on separate occasions, and joined an NBI-SMS team for a “joy ride” when another detainee was transferred to a jail facility in Dasmariñas, Cavite.
To be able to get out of his detention facility, Dera said he sought the permission of Randy Godoy, supervisor of the NBI-SMS, who in turn make the necessary request to Adrian Feudo, chief the NBI-SMS.
When asked how much he paid the NBI officials and security escorts to get out of detention, Dera said he did not pay them anything but instead, treated them to good food whenever they dine out.
Dera said: “Hindi po ako nagbabayad sa kanila, ako lang nagbabayad ng kakainin namin (I am not paying them, I just pay for the food).”
NBI Director Medardo de Lemos said there are only two instances when a detainee can go out of the detention facility — when ordered by a court or when there is a medical emergency.
Godoy, when grilled by senators, said he just followed Feudo’s orders. He also said he was unaware where Dera was going last June 20 when he was escorted by a team to a quick trip to Makati. The team supposedly left the NBI compound at around 8 p.m. and returned past midnight of June 21, when they were caught after the Department of Justice was tipped on the detainee’s unauthorized trip.
He said Dera did not ask for his permission last June 20.
“Sumusunod lang ako sa order. Sinabihan ako na samahan ko si Dera kasi may nararamdaman (sa puso). So sumama ako, wala na akong ibang tanong. Pumunta kami sa Makati. Hindi na ako nagtanong (I just followed orders [from Feudo]. I was instructed to join Dera because he was not feeling well. So, I joined Dera [along with six security escorts]. I did not have any questions that time. We went to [a restaurant] in Makati City. I did not ask questions),” Godoy said.
Feudo said he allowed Dera to go out of the jail facility since he was told that the detainee needed to undergo a medical checkup, but Godoy and his team went to a restaurant in Makati City instead of a hospital.
Dela Rosa slammed Godoy and Feudo for submitting to the whims and caprices of the detainee.
“Ganon ba ka-powerful itong si Dera sa NBI facility? You are supposed to be in-charge, it’s your duty. Kung saan niya gusto pumunta sunod ka lang? Wala naman order na pumunta sa Makati. Anong klaseng guwardiya ka? Hindi mo ginagamit ang sound discretion mo, hindi ka nag-iisip. Kita mo nangyari sa iyo ngayon, na-inquest ka na
(Is Dera that powerful at the NBI facility? You are supposed to be in-charge, it’s your duty. But you just followed him wherever he wanted to go. There is no order [from Feudo] that you will go to Makati City. What kind of guard are you? You did not use your sound discretion, you are not thinking. Look what happened to you. You have been charged in court),” Dela Rosa said.
When pressed why he allowed Dera to get out of detention, Feudo refused to answer and said that he needs the assistance of a legal counsel since charges have already been filed against him in court.
It was also found out during the hearing that the six security officers who escorted Dera out of detention were mere contractual employees. De Lemos said the six have been fired and are now detained at the jail facility along with Godoy in connection with the June 21 arrest.
Tolentino said Godoy and Feudo should be held liable for Dera’s unauthorized trips. De Lemos said Feudo has been re-assigned to Koronadal City as a line agent who is responsible for investigating crimes and other cases.
Dela Rosa also urged De Lemos to dig deeper into the special privileges given to detainees as there may be more NBI officials involved in the controversy.
He said the NBI is now coordinating with the Court Administrator so that persons under investigation by the bureau can be transferred to the custody of the Bureau of Jail Management and Penology or the municipal and district jails run by local government units to decongest their jail facility.
