No case vs 14-yr-old

CEBU, Philippines - “Basically there is no case.”

So said Assistant Cebu City Prosecutor Alex Gabud in dismissing the two criminal complaints filed against a 14-year-old girl arrested for possession and selling of illegal drugs last week.

He said that under Section 6 of Republic Act 9344 (Juvenile Justice and Welfare Act), children below 15 years old who committed a crime is exempt from criminal liability and would instead be subjected to an intervention program.

“Apparently, these cases involving the said child is erroneously filed in this office considering that under the said law, particularly Title V Chapter 1 Section 21 (i), states that the authority (arresting officers) who have the initial contact with the child shall turn over the said child to the custody of the Social Welfare and Development Office,” stated the joint resolution of the fiscal’s office.

The law also said that not later than eight hours after the arrest, a minor offender should be handed over to the custody of “the Social Welfare and Development Office or other accredited non-government offices.” 

The arresting officers also have the responsibility to then notify the child’s parents or guardians and the Public Attorney’s Office for legal support of the child.

Per provisions of RA 9344, the prosecutors had no resource but to dismiss the complaints for violations of Sections 11 (possession of illegal drugs) and Section 5 (selling of illegal drugs) of Article II of Republic Act 9165 (Comprehensive Dangerous Drugs Act).

The City Prosecutor’s Office also directed the police to hand custody of the minor to the Local Social Welfare and Development Office (LSWDO) for intervention programs.

The police complied by turning her over to a social worker around 4 p.m. yesterday inside Gabud’s office.

Gabud said that considering the case is under automatic review by the Department of Justice in Manila, the LSWDO should take custody of the minor until the case is disposed off with finality.

All cases with penalty of reclusion perpetua, or 20 to 40 years of imprisonment, to death dismissed at the prosecutor’s level are subjected to automatic review by the DOJ.Gabud also said that the 301 grams of shabu confiscated from the girl will remain at the Regional Crime Laboratory Office.

“In like manner, the chief of the Regional Crime Laboratory Office 7, who is in custody of the evidence (that is the) subject of this case, is likewise directed to preserve the said evidence until further orders of this office,” the joint resolution also stated.

Gabud said that once the DOJ would affirm the dismissal of the complaints, he would immediately issue an order for the destruction of the illegal drugs.

After the minor and her mother signed the joint resolution as proof that they received the said document, Gabud told the girl not to be involved in the illegal drugs business again and instead go back to school.

In an interview, the mother of the minor said she was happy of the dismissal of the complaints. She said her daughter promised to be good and to continue her schooling, adding that the girl was merely “influenced” by friends.

The mother said that though they are afraid for their safety, they are not asking for security detail as of the moment.

Cebu City Police Office Director chief Noli Romana, however, said he is willing to provide police protection to the girl and her family for their safety.  Romana said they would do so because the group where the girl belonged might be planning something bad to her now that she is cooperating with the authorities.

Romana said that they are doing their best to identify the girl’s boss, who is said to be a known drug personality in Cebu, adding that she has provided them initial information that might be of help.

Supt. Romeo Santander, City Intelligence Branch chief, said that they did it to show drug dealers that even if they use juveniles in their illegal business, it will be difficult for the minors to walk out of jail.

He also said that seizure of the illegal drugs was a big blow to the illegal drug operations in Cebu.

Romana said CCPO is intensifying its campaign after  Chief Superintendent Prudencio “Tom” Bañas, Police Regional Office 7 director, declared an all-out-war against against illegal drugs.

He said that in two months, his command has seized illegal drugs woth over P10 million.

Meanwhile, the Cebu City Council yesterday resolved to conduct an immediate study to fully implement the diversion for and effectively prevent children from being used in committing illegal acts.

In a privilege speech, City Councilor Gerardo Carillo said that the arrest of the minor prompted several sectors to condemn her for engaging in such a serious crime despite her young age.

But he said the minor, being vulnerable, was simply reduced into a tool in the commission of a crime.

“While I admire the police force in the apprehension, the real perpetrator or the ‘brain’ of this act should likewise be pursued and prosecuted,” he said.

“Sending our minors to jail in not the answer. Prison sentences are finite but their effects aren’t,” he added.

Carillo cited in his speech bill Felisan, who was picked as among the country’s Most Outstanding Police Officer in 2008.

Growing up in the streets, Felisan was caught a number of times for offenses like snatching, highway robbery, and stealing.

Carillo said that after being caught in a sweep to round up petty criminals, Felisan changed his ways and persevered to finish his studies and even joined the police force in 1990.

Also yesterday, the Council commended Santander, Senior Inspector Gomersendo Mandawe, SPO1 Julieto Berguilla, SPO1 Julius Mabunay, PO3 Journey Fuentes, PO3 Armando Fuentes, PO3 Armando Ponce, PO2 Dennis Mosqueda, and PO1 Perceval Eborias for the arrest of the minor and confiscation of the millions worth of illegal drugs.

The City Council likewise requested  Congress to strengthen Republic Act 7610 (An Act Providing For Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And Discrimination, And For Other Purposes) so heavier penalties could be imposed on those who take advantage of minors , the police to pursue the brains behind the illegal drugs taken from the girl, and for the Integrated Bar of the Philippines to provide legal assistance to her.   — /RHM (FREEMAN)