Pubdate: Thu, 20 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/meth.htm (Methamphetamine)
Cited: Philippine Drug Enforcement Agency http://www.pdea.gov.ph

WHY GOV'T IS LOSING DRUG WAR:
LOUSY PROSECUTORS + ROGUE DRUG ENFORCEMENT AGENTS

GOVERNMENT prosecutors should explain why major drug cases were
dismissed last year even at the preliminary investigation stage,
Philippine Drug Enforcement Agency chair Undersecretary Anselmo S.
Avenido Jr. said yesterday.

"We've not been remiss in our duties but there are instances wherein
major cases for violation of Republic Act 9165 or the Comprehensive
Dangerous Drugs Act of 2002 are being dismissed during preliminary
investigation," he said.

"Di pa nga nakakapunta sa korte eh dinidismiss na yung mga kaso kaya
talo kami dito. What we want here is a full-blown trial where we can
fully present our side," Avenido said.

The PDEA chief explained that a case of violation of RA 9165 is
immediately filed before a government prosecutor's office for
appropriate action shortly after a successful anti-drug operation is
concluded.

"Once the case is filed, the PDEA no longer has any say on the matter
except to monitor the progress of the case, thus, we should not be
blamed for losing drug cases because we operate by the book and all
our actions are legal," he said.

Section 92 of RA 9165 imposes heavy punishment on any government
officer or employee who causes the delay and bungling of the
prosecution of drug cases.

The law says that "any government officer or employee tasked with the
prosecution of drug-related cases who, through patent laxity,
inexcusable neglect, unreasonable delay, or deliberately, causes the
unsuccessful prosecution and/or dismissal of the said drug cases,
shall suffer the penalty of imprisonment ranging from 12 years and one
day to 20 years without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code."

Avenido said he had thoroughly explained the PDEA's predicament to
Cebu Rep. Antonio Cuenco, vice-chair of the House oversight committee
on dangerous drugs.

He said that Cuenco wants an explanation on why cases filed against
owners of the sites of shabu laboratories smashed by the PDEA and the
Philippine National Police last year were dismissed.

"He (Cuenco) wants the inclusion of the owners of these shabu labs and
warehouses in the criminal charges. We have filed charges against the
owners of these secret drug establishments and want them to explain
their side during a full-blown trial," Avenido said.

Avenido said what they want is for Department of Justice prosecutors
to consider the charges being filed against the owners and avoid
dismissing the cases outright as soon as the accused have presented
"contracts of lease" between them and the drug lords.

"Their common defense is the presentation of contracts of lease kaya
do'n pa lang sa fiscal, dinidismiss na ang kaso at di na nakakarating
sa korte. Yan ang problema natin," he said.

Avenido said prosecutors even wanted to dismiss the case they filed
against the owners of an establishment that yielded a major shabu lab
in Mandaue City in Cebu last year but they managed to ask top DoJ
officials to reconsider the decision.

Cuenco earlier noted that only one of the 21 raids of shabu
laboratories and storage facilities in 2004 resulted in the actual
filing of criminal charges. Avenido, however, said that what Cuenco
meant to say was that only one of the cases filed against the owners
of the raided establishments prospered in court.

Avenido said Cuenco is fuming over the fact that the charges against
the owners of these laboratories and warehouses were dismissed when
they are clearly liable as accomplices at the very least.

Cuenco urged the DoJ to "immediately probe this matter and probe their
ranks. These slipshod prosecutors and rogue drug enforcement agents
deserve not only outright dismissal and forfeiture of benefits and
perpetual disqualification from government service," he said.

The People's Journal earlier reported that last year, anti-narcotics
authorities won more than 1,200 convictions but lost nearly 600 others
mainly due to errors by law enforcement agents including illegal
arrests and raids.

Records from the PDEA showed that from Jan. 1 to Dec. 31, 2004, a
total of 1,213 cases of violation of RA 9165 were won by the
government resulting in 1,281 drug offenders jailed.

Avenido said 37 of the accused were sentenced to death while 60 others
were meted out life imprisonment. Avenido said that at least 11 major
drug cases they monitored since 2002 have ended in the conviction of
24 big-time drug smugglers and manufacturers, 21 of them Chinese nationals.

But PDEA records also showed that due to legal technicality, a total
of 271 cases of violation of RA 9165 were dismissed during the period.

More than 12,000 cases filed in the last two years are still pending
in court.

Officials said that most of the cases were dismissed because of
illegal arrests of suspected drug pushers and seizure of evidence,
lack of documentary evidence and failure to prove that suspected drug
dealers actually owned the seized drugs.

Many prosecution witnesses including those from the police also failed
to attend court trials, bolstering the concern of top anti-narcotics
officials that many government agents show diligence only in
identifying and arresting drug suspects but fail to build strong cases
against them.

Deputy Director General Ricardo F. de Leon, commander of the PNP
Anti-Illegal Drugs Special Operations Task Force, said that to stop
the court losses, all anti-narcotics officers should make arrests in
order to convict.

He told PJ he now wants all AIDSOTF personnel to make arrests with the
end in view of convicting the offender through proper submission of
evidence, witnesses and testimony in court. 
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