Jonathan Morales, ex-agent in ‘PDEA leaks,’ found guilty of perjury

MANILA, Philippines – Former Philippine Drug Enforcement Agency (PDEA) agent Jonathan Morales, who was in the middle of the “PDEA leaks” controversy, was found guilty of perjury by a local court for a separate case.

Morales was the former PDEA agent who testified about a 2012 PDEA pre-operation report that implicated President Ferdinand “Bongbong” Marcos Jr. and Diamond Star Maricel Soriano to illegal drugs. The alleged document led to the controversy dubbed “PDEA leaks.”

In an 11-page decision dated July 30, but made public only on August 8, a San Fernando, Pampanga Municipal Trial Court found Morales guilty of perjury, sentenced him to four-month imprisonment, and ordered him to pay a fine of P1,000. The court said the former PDEA agent was found guilty beyond reasonable doubt.

In 2011, Morales “willfully and unlawfully” gave testimonies while under oath against two illegal suspects — Albert Co Chua (Cai Hai Ying) and Aaron Tan (Wen Chen Miao) — according to the Department of Justice (DOJ). However, only after a few months, the former PDEA agent retracted his affidavit against the suspects and claimed his testimonies were made under duress and that he was only coerced by his superior, Lyndon Aspacio.

In 2010, the two drug suspects were arrested in Pampanga during a buy-bust operation. Morales then subscribed his affidavit and narrated the operation, which led to the arrest of the two. During the direct examination for the drug case, Morales reiterated that the drug operation against the suspects was legitimate. 

However, in 2012, Morales recanted his testimonies and said the operation was not legitimate. He claimed that the two suspects were victims of planting of evidence allegedly orchestrated by Aspacio. The court, in 2015, acquitted the suspects in the drug charge. Morales was later slapped with a perjury complaint.

The court, in its ruling, said that according to Morales, he executed the affidavits because he feared he would be fired or be hurt if he did not follow orders. He also said he feared being reassigned to “dangerous places” if he disobeyed his superior.

To be exempt from liability, one must prove that he/she acted based on “uncontrollable fear or duress.” That’s among the exempting circumstances laid down in Article 12 of the Revised Penal Code. However, the court noted that to use the said defense, a person must prove that the intimidation “must be present, imminent and impending, and of such nature as to induce a well-grounded apprehension of death or bodily harm if the act be done.”

“Here, we found no evidence to support accused’s claim that he was forced and intimidated by Director Lyndon Aspacio to execute the Affidavit and to testify in court based thereon,” the Pampanga court explained.

The court added that Aspacio was not even present when Morales subscribed his affidavit before the prosecution.

“Additionally, the fear of being transferred to ‘dangerous assignment’ such as in Basilan, Sulu, Tawi-Tawi is rather speculative, if not discriminatory and unwarranted,” the court said.

The former PDEA agent even appeared in the Senate hearings led by Senator Ronald “Bato” dela Rosa. The PDEA has already denied the existence and validity of the said pre-operation report.

During the successive legislative hearings, lawmakers questioned Morales’ credibility, with Senator Jinggoy Estrada snapping at him after the latter called him a “convicted criminal.” At one point, Morales was also held in contempt and was detained for supposedly lying about information in relation to his employment. – Rappler.com