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Thursday, February 19, 2004
Judge scolds police ‘shenanigans’ over drug rap
By Karlon N. Rama
Sun.Star Staff Reporter
THE Cebu City Police Office (CCPO) may have caused the needless jailing of a man already suffering from a psychiatric illness in its pursuit to improve its performance against illegal drugs, a judge said.
Regional Trial Court (RTC) Judge Raphael Yrastorza Sr. dismissed the drug case against Sammy Flores in a five-page resolution last Friday. However, he cannot compensate Flores’ detention three years ago.
Overkill
“This is another case of overkill on the part of the police officers who instigated the filing of this case. In their desire probably to augment their record of arrests on drug cases, they have to file this case. Most unwarranted,” Yrastorza said.
He said the police are liable under the Revised Penal Code provision on incriminating innocent persons in criminal acts, but left it to the family to decide on filing the case or not.
Yrastorza will also submit a copy of his decision to the Philippine Drug Enforcement Agency for a possible investigation.
“God forbid that such shenanigans (of the police) should proliferate. Citizens would be at a loss (when) requesting for police assistance, they would fear that a case may be filed against them instead,” he said.
Flores, who is described in Yrastorza’s resolution as having suffered a nervous breakdown, was arrested by operatives of the T. Padilla Police Station last June 21, 2001.
According to the information, he was caught in the act of using shabu inside the living room of their house in Barangay Lorega San Miguel and that it was his mother, Teofinisia Flores, who called the police for help to stop her son’s drug use.
PO2 Romeo Lauza, one of the arresting officers, told the court that the mother allowed them inside the house. The mother, he said, sought their help because the accused allegedly beat her up whenever he is high.
PO1 Darius Libanan also testified in court that he and one PO1 Ipong were with Lauza at the time and saw the accused use shabu as they entered the house.
However, when Teofi-nisia took the stand, she confirmed having called the police for assistance but not because her son was using drugs.
Medicines
She said her son was having one of his attacks that day and that she called the police for help in controlling the boy until his prescribed psychiatric medicines could kick in.
Teofinisia also said that the policemen took her son to the police station where he was detained.
She was “very surprised” to find out a day later that her son was charged with violations of the anti-drug law.
Sammy subsequently took the witness stand and testified that he had been diagnosed with a psychiatric illness and has been placed on regular medication.
“This court doubts the testimonies of the prosecution witnesses and would have no reason to disregard the straightforward and candid testimonies of Teofanisia and the accused. Granting that the mother indeed reported that her son was harassing her, so to speak, it did not by any stretch of a fertile imagination justify the police officers from cooking up a case,” the judge said.
(February 19, 2004 issue)
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