Corrupt fiscals ‘responsible’ for dismissed drug cases

NORTHERN Mindanao’s high rate of dismissal and acquittal of drug cases should not only be pinned down on the failure of anti-narcotics agents to observe proper arrest and evidentiary procedures, an official said.

Director Gilberto Abanto Jr., of the Philippine Drug Enforcement Agency-Northern Mindanao (PDEA) in Northern Mindanao, said that part of the problem lies on corrupt government prosecutors who would deliberately tilt the case in favor of the suspects.

Click here for Election 2010 updates

Some, he said, treat drug cases as if they’re the suspects’ lawyers.

“In the part of PDEA, we’re doing our job pero may ilang prosecutors natin na instead pumanig sa atin, ang nangyari sila pa ang naging abugado ng accused,” Abanto said Monday.

Sun.Star Cagayan de Oro sought Abanto’s comment on the high rate of dismissal and acquittal of drug cases in Northern Mindanao, which the Dangerous Drug Board (DDB) said was alarming.

Case in point, said Ababanto, was in Valencia City in Bukidnon, where a certain prosecutor consented to the release of a drug suspect even if the latter’s case was non-bailable.

This all happened, he said, without the benefit of a preliminary hearing, and kept under wraps from the PDEA.

A complaint questioning the actions of the prosecutors has been filed, he said. He, however, declined to name the prosecutor.

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

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.

Abanto said he is for the proposed amendments of the Comprehensive Dangerous Drugs Act of 2002 (RA 9165), but said something must be done to straighten out corrupt prosecutors.

“May mga butas na nakikita sa batas na ‘yan, so ako pabor ako na ma-amend. Isa pa, we are risking our lives with this job pagkatapos mabalewala lang dahil sa iilang mga prosecutors?” he added.

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

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, 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.