Pubdate: Sun, 09 Jan 2005 Source: People's Journal (Philippines) Copyright: 2005 People's Journal Contact: http://www.journal.com.ph/contactus.asp Website: http://www.journal.com.ph/ Details: http://www.mapinc.org/media/3381 Author: Alfred Dalizon Bookmark: http://www.mapinc.org/prison.htm (Incarceration) GOV'T WAGES WAR VS. DRUGS Exclusive (First of Two Parts) ANTI-NARCOTICS authorities won more than 1,200 of the cases they filed last year but lost nearly 600 others, mainly due to errors committed by agents, including illegal arrests and raids, the People's Journal learned yesterday. Records from the Philippine Drug Enforcement Agency showed that from January 1 to Dec. 31, 2004, the government won 1,213 cases for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 which resulted in the jailing of 1,281 drug offenders. PDEA chairman Usec. Anselmo S. Avenido Jr. said 37 of the accused were sentenced to death while 60 others were meted out life imprisonment. He added that they won at least 11 major drug cases which led to the conviction of 24 bigtime drug smugglers and manufacturers, 21 of whom were Chinese. However, 271 drug cases were also dismissed during the period on technicalities. A total of 357 drug suspects, including Godswill Tochukwu Emenike, a Nigerian arrested on July 2002 for possession of 692.16 grams of cocaine, were acquitted. Two major drug cases dismissed during the period included the case slapped against Chinese nationals Cai Yan Yi, Cai John Lee and Susan Lee for the trafficking of 40 kilos of shabu worth P80 million. The other also involved Chinese nationals"Jackson Dy, Allan Lee, Wang Li Na, Li Tian Hua, Li Hou Long and Sy Suan Huang"who were caught with 1,622.1 kilos of shabu. More than 12,000 drug cases filed in the last two years are still pending in court. Officials said that most of the cases were dismissed due to illegal arrests and seizure of evidence, lack of documentary proof and failure to prove that the seized drugs really belonged to the suspects. Many prosecution witnesses, including those from the police, also failed to attend court trials, bolstering the observation of top anti-narcotics officials that many government agents only focus on identifying, locating and arresting suspected drug personalities but fail to build strong cases against them. To ensure a higher conviction ratio in pending cases, Avenido said liaison officers have been assigned to regularly check the progress of cases in courts nationwide, particularly in Metro Manila where majority of the cases are being heard. Senior Supt. Julieto P. Roxas, director of the PDEA Legal Service, said they recorded a minimal conviction rate last year since drug offenders nowadays prefer to let the case against them go to court. "They (drug offenders) prefer to go on trial because there is no more plea bargaining for lower offenses and the law on probation has been stopped when it comes to drug pushing," Roxas said. Under RA 9165, importation, manufacture, sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals and maintenance of a den, dive or resort where any dangerous drugs are being used or sold in any form, are offenses which carry the penalty of life imprisonment to death and a fine ranging from P500,000 to P10 million. The same punishment and penalty apply to persons involved in the illegal diversion of any controlled precursor and essential chemical and manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs; possession of 50 grams or more of methamphetamine hydrochloride or shabu; 10 grams or more of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil and other dangerous drugs, such as but not limited to, the designer drug called "Ecstasy," the newest drug craze in Asia, Europe and the United States. Even possession of an instrument, equipment, apparatus and other paraphernalia for dangerous drugs are offenses punishable by imprisonment ranging from six months and one day to four years and a fine ranging from P10,000 to P50,000. Avenido said the new law has made life much harder for persons directly or indirectly involved in illegal drug activities. He explained that RA 9165 disallows any person charged with violation of the anti-drug law that replaced the obsolete RA 6425 created in 1972, from availing of the provision on plea bargaining. "The new law also made the Probation Law or Presidential Decree 968 non- applicable to drug traffickers and pushers. This is the reason why drug offenders are battling us in court," Avenido, a retired three-star police general, said. (To Be Continued) - ---