Acquittal, dismissal rate of drug cases high in Northern Mindanao

DRUG cases are getting thrown out in Northern Mindanao in a rate that has alarmed the Dangerous Drug Board (DDB), which is pushing for simplified procedures on drug arrests and handling of evidence.

Out of Northern Mindanao’s 1,350 resolved drug cases in 2009, 362 or 27 percent resulted in the acquittal of the accused, compared to the national rate of 7.9 percent.

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Twenty five percent or 333 drug cases, meanwhile, were dismissed by the courts, DDB record shows.

The failure of law enforcers to observe proper procedures in the conduct of buy-bust operations and in the inventory of drugs seized are among the common reasons for the dismissal of the case or the acquittal of the accused, said DDB Undersecretary Paul Oaminal.

On the bright side, however, Oaminal commended the prosecutors in the region for having posted second place nationwide in the number of drug cases won.

Still, challenges remain, he said, especially on the handling of arrests and evidence by the police.

The Comprehensive Dangerous Drugs Act of 2002 (RA 9165) provides that the apprehending officer, after taking custody of the drugs, "shall immediately conduct an inventory of the drugs seized in the presence of the accused, his counsel, a representative from media and the Department of Justice.

Because RA 9165 imposes stringent requirements to law enforcement, Oaminal said DDB is open to amendments in the anti-drug law that would make job of anti-narcotics agencies easier.

One of those pushing for amendment is former DDB chairman Vicente Sotto, who wants to simplify the procedure in preserving the integrity and evidentiary values of the seized drugs.

Sotto, in a visit to Cagayan de Oro over the weekend, said he is currently conducting consultative meetings with judges, prosecutors and law enforcers on how the amendment should be crafted.

Earlier, DDB said at least six local officials in Northern Mindanao are being suspected for their links to illegal drugs.

Oaminal said the six officials are likely getting funds from drug lords to finance their respective campaigns, and that their involvement in illicit narcotics varies.

In its 2010 International Narcotics Control Strategy Report (INCSR), Northern Mindanao was named, alongside Cebu and Manila, as one of the most illegal drug-hit areas in the Philippines.

The report came over a month after this paper reported a Department of Education random drug test showing Northern Mindanao as having the most students with positive results of drug use.