SC acquits 7 Chinese of drug raps

The Supreme Court (SC) has affirmed a decision of the Court of Appeals (CA) acquitting seven Chinese nationals of illegal drug possession and manufacturing charges and ordering their immediate release from detention.

In May 2007, the CA acquitted Cai Xihe alias Chua Sak Hap; Tian Sang; Cai Dushi alias Chua Tok Sit; Yan Qizhong alias Sing Hong; Lao Chi Diak alias Chi Jak; King Cheng; and  Lim Chamou alias Cha Bon after establishing that police authorities “gravely mishandled” the drug bust operation, resulting in the violation of Sections 2 and 3, Article III of the Constitution, which prohibits unlawful arrests and illegal searches and seizures.

According to the CA, the police officers committed irregularities in the manner by which the search of the premises was conducted.

The CA noted that while the accused were present during the search, they were not allowed to actually witness the conduct of the search, which is a violation of Section 8, Rule 126 of the Revised Rules of Court.

In its six-page resolution, the SC’s second division ruled that the government had failed to show that the CA committed a grave abuse of discretion in order to declare a mistrial and remand the case back to the lower court.

According to the High Court, the prosecution cannot appeal an acquittal as this would violate the respondents’ constitutional right against double-jeopardy, which bars double punishment or double prosecution.

The seven Chinese nationals were sentenced to reclusion perpetua (30 years’ imprisonment) on March 20, 2003 by the Pasig City Regional Trial Court Branch 164 and were ordered to pay a fine of P5 million each after it found them guilty of maintaining a shabu den in Barangay Addition Hills, San Juan.   – Mike Frialde