Drug body claims courts dismiss most drug cases

CEBU, Philippines - If the Cebu Provincial Anti-Drug Abuse Council is to be believed, around 90 percent of drug charges are dismissed in court.

CPADAC executive director Joey Herrera reported this yesterday during the CPADAC executive meeting. He said the main cause of drug case dismissals is the refusal of some barangay officials to witness and sign the inventory of the illegal drugs and drug paraphernalia seized from a raid.

“Daghan kaayo og barangay officials nga hadlok mo-witness sa inventory. Mao na dili mo-comply,” he said, adding that the concern will be aired in an assembly of the Liga ng mga Barangay on July 17 so that barangay officials will understand their roles and what is provided under the law.

Herrera was referring to Section 21 of the Republic Act 9165 or the “Comprehensive Dangerous Drugs Act of 2002” which deals with the custody and disposition of seized dangerous drugs, including the paraphernalia and instruments used.

The law provides that the apprehending team which has the initial custody and control of the seized drugs shall conduct physical inventory and photograph the said dangerous drugs immediately after seizure and confiscation “in the presence of the accused or his/her representative or counsel, a representative from the media and the Department of Justice, and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.”

The FREEMAN obtained a copy of the journal written by former Dangerous Drug Board undersecretary Clarence Paul Oaminal that records around 100,000 drug cases filed and pending before courts all over the country as of 2009. Of this number only 25 percent was resolved, and “majority” of those resulted in dismissal or acquittal.

For 2010, Oaminal said 70 to 80 percent of cases resolved nationwide were dismissed. He could not give a number or cases filed or resolved.

“Worse, there are even Regional Trial Courts that have a record of 90 percent acquittals,” read the journal, which was published in the website of the Integrated Bar of the Philippines.

Another factor in frequent dismissals is the absence of police testimony during the hearing of the case.

The problem on the dismissal of drug-related cases was also raised during a meeting of the Regional Peace and Order Council-7 last May in Cebu where it was reported that the transfer of policemen who stand as witnesses in drug-related cases and crimes often leads to the dismissal of those cases.

Cebu Governor Hilario Davide III and Bohol Governor Edgar Chatto, who presided of the meeting, appealed to the PNP not to reassign policemen who still have cases they need to testify in.

Just say No

During yesterday’s CPADAC executive meeting, the province’s anti-drug abuse program, dubbed as “Just Say No”, was also introduced.

Under the program, anti-drug abuse councils of different local government units are directed to allocate funds for anti-drug programs as mandated by the law, said Herrera.

Representatives from Ramon Aboitiz Foundation, Inc. which developed the program also attended to present the scorecard system that will be used to monitor the LGUs. This would also be the basis of awarding LGUs for their anti-drug best practices.  —/BRP (FREEMAN)