Pubdate: Mon, 10 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
Cited: Philippine National Police http://www.pnp.gov.ph
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.)

EXCLUSIVE: 'ARREST AND CONVICT'

(Last of two parts)

AS far as Deputy Director General Ricardo F. de Leon, commander of the
Philippine National Police Anti-Illegal Drugs Special Operations Task
Force is concerned, all anti-narcotics officers should make arrests in
order to convict.

Confirming observations that some anti-narcotics officers were
themselves to blame for losing cases filed against those who violate
Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, de
Leon said there is a need to improve the government's rate of drug
convictions.

He told the People's Journal that he wants all AIDSOTF personnel, when
making arrests, to make it their objective to work for the suspect's
conviction through the proper submission of evidence, witnesses and
testimonies in court.

"Body counts are meaningless if drug arrests would not lead to
eventual conviction. Making drug arrests and seizures are the easiest
part of anti-drug operations. The real battle is in the courtrooms,
thus all actions of the AIDSOTF should be geared towards that battle,"
he said.

De Leon has asked Philippine Drug Enforcement Agency chairman Usec.
Anselmo S. Avenido Jr. to conduct regular trainings for police
anti-drug officers to improve their investigation skills.

PNP chief Director General Edgar B. Aglipay confirmed that their
defeat in some drug cases has spurred public perception that some
policemen threw the cases away.

"Lost cases in court produce a negative double whammy effect on the
PNP. Not only do arrested drug offenders sneer at the PNP for putting
one over the police; the public even looks at the PNP with suspicion
and disdain, nurturing the notion that the PNP lose drug cases not
because the arresting officers are incompetent but because bribe money
changed hands," Aglipay said in a memorandum issued on New Year's Day.

According to the PNP chief, public suspicion is one of the reasons why
the PNP has lost the complete trust and confidence of the citizenry.
Last year, the anti-graft watchdog Transparency International named
the PNP "the most corrupt" institution in the country.

"I think it is imperative that as we maintain our momentum in tracking
down and dismantling the operations of drug trafficking and
manufacturing groups, we should see to it that arrested drug offenders
get what they deserve - conviction in court," Aglipay said.

"In doing so, we will win public support and cooperation in our
anti-drug efforts. With our credibility intact, we can be assured of
total support from various sectors of our community and together with
them, we will be able to form a formidable army in the war against
illegal drugs."

When it comes to erring government prosecution witnesses, Avenido said
RA 9165 had made it much harder for corrupt law enforcement agents to
change their testimonies.

Section 91 of RA 9165 states that any member of law enforcement
agencies or any other government official and employee, who, after due
notice and without any valid reason, fails or refuses intentionally or
negligently to appear as a prosecution witness in any proceedings
involving RA 9165, will be punished with imprisonment of not less than
12 years and one day to 25 years and a fine of not less than P500,000.
The punishment is in addition to the administrative case that may be
filed against the offender.

Even the offender's immediate superior is equally liable as he or she
can be given not less than two years in prison and a fine of not less
than P10,000 and perpetual disqualification from public office.

Aglipay has ordered the PNP Legal Service to provide aid to AIDSOTF
personnel filing cases for violation of RA 9165 against arrested drug
offenders.

He also tasked the Legal Service headed by Chief Supt. Marcelo Ele Jr.
to provide legal help to AIDSOTF personnel facing counter-charges in
court arising from drug arrests or operations.

Aglipay also ordered Ele to detail two of his lawyers at the AIDSOTF
headquarters to handle case tracking, legal offensive and financial
investigation and asset forfeiture actions against transnational and
local drug groups.

According to Aglipay, he is looking forward to achieving his vision of
a Drug-Free Philippines by Year 2010.

"This is just five short years from now. We cannot rest on our laurels
since our performance after the arrests, particularly at the level of
the police stations, leaves much to be desired."

"While we have been highly successful in our raids, seizures and
arrests, the other half of the battle which is the legal offensive has
not been going on smoothly, particularly at the station level where a
number of our drug cases filed in court are getting dismissed," he
said.

PDEA records listed some of the victories scored by the government in
court last year:

* case of Chinese drug lords Chua Chi Li, Huang Hongwei, Joey Lu y
Cruz, Xingfu Wang and Tomas Lu who were meted out life imprisonment
and fined P1 million each last June 25 for the trafficking of five
kilos of shabu;

* case of Yik Bun, Kwok Wai Tseng and Chang Chaun Shi, meted out life
imprisonment and fined P5 million each for their involvement in the
smuggling of P364 kilograms of shabu worth P728 million in Quezon.
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