Low conviction rate a challenge - Gutierrez

CEBU, Philippines - The Philippine Drug Enforcement Agency (PDEA) sees the low conviction rate in drug cases not as a stumbling block but a challenge to drug law enforcement officers to work harder. “I refuse to get discouraged by the dismal conviction rate arising from drug cases filed in courts. Instead, I consider it as a challenge to motivate my men (and women) to work harder to be able to increase the number of suspects convicted for violating the anti-drug law and consequently decrease the incidents of acquittal of suspects and dismissal of drug cases,” PDEA Director General Jose Gutierrez Jr. said.

Based on data consolidated by PDEA nationwide, less than 52 percent of the total number of cases filed ended with court decisions in favor of drug law enforcers. 

The figure covers only cases already elevated to the courts, excluding cases filed at the prosecutors’ office that have been dismissed before being raised to proper courts for trial. 

Statistics reveal that inconsistencies in testimony and non-attendance of prosecution witnesses are the reasons that led to dismissal of drug cases.

Since he took over as PDEA chief, one of Gutierrez’s thrusts was to ensure that arrested drug personalities are prosecuted. 

He said he has long issued directives to PDEA agents and chemists to prioritize court duties to prevent dismissal of drug cases due to failure of prosecution witnesses to appear in court.

Gutierrez added that part of his thrust to ensure prosecution of arrested drug personalities is the filing of airtight cases against them.

“Under normal circumstances, if our law enforcers present before the prosecutors’ office complaints supported with indisputable evidence, we would be assured of the filing of information in trial courts,” he said.

“Airtight drug cases start from a well-planned anti-drug operation, complete with supporting documents and complemented by the prioritization of court duties. All these are main ingredients that would help ensure the conviction of accused in drug cases,” Gutierrez explained.

The PDEA chief cited a favorable decision by Lapu-Lapu City Judge Toribio Quiwag, which resulted in the conviction of Kenyan national identified as a member of the African Drug Syndicate for transporting three kilos of shabu in 2011, only three months after the accused was arrested at the Mactan International Airport.

Another court decision in favor of PDEA was the speedy resolution of the case by Cagayan Judge Arthur Abundiente involving a van operator who yielded 1.5 kilos of shabu.

“These are but two drug cases that were decided in favor of the government in less than a year,” Gutierrez said. — (FREEMAN)