Thursday, September 13, 2007 Espinoza: Build a skyway instead By Elias L. Espinoza Free Zone
THE criminal case that was filed against the Cebu City policemen who allegedly planted evidence will test the strength of Republic Act (RA) 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
Section 29 of RA 9165 imposes a death penalty on any person found guilty of maliciously and willfully planting evidence (like prohibited drugs) in the person, house, effects or in the immediate vicinity for the purpose of implicating, incriminating or imputing the commission of a crime.
The quantity of the drugs “planted” is not even material. What the law proscribes is the so-called “practice” of some law enforcement agents “to plant” evidence to insure the arrest and conviction of an elusive criminal element.
Section 29 protects and secures the civilians from scheming policemen or law enforcement agents. This also gives life to the constitutional provision against illegal search and seizure.
I got the feeling that the policemen, who face the prospect of not only losing their job but also their future, are now wishing they never joined the force.
From my recollection, this is the first case filed against policemen involved in the campaign against illegal drugs. I refuse to believe that this case has, in a way, validated what some lawyers call in Cebuano, “mamplantiray” (planting evidence).
On the other hand, this case should not put off the efforts of the police against illegal drugs. This is part of the hazard of their work. If policemen comply with the law and procedure during a search, then they have nothing to fear.
*** The Presidential Anti-Smuggling Group (PASG) is the reason that some alleged legitimate importers here in Cebu have stopped their importations, which resulted to the all time low revenue at the Bureau of Customs (BOC) here.
It was the PASG that recommended to President Arroyo the destruction instead of auctioning the smuggled expensive luxury vehicles that were apprehended in the free port of Subic.
The way things are being done by PASG they must be thinking they are the law. While much money has been lost by the government to illicit transactions at customs, PASG is still accountable to the people.
On the other hand, PASG’s operations against illegally imported luxury motor vehicles, rice and other taxable goods are being viewed by many as a way of putting to shame Customs Commissioner Napoleon Morales.
The creation of PASG, which is under the Office of the President, gives the impression that the President no longer trusts the BOC. The nationwide operations of PASG against smugglers have openly discredited the BOC.
***** What now Vice Mayor Mike Rama? The study and consultation that you supposedly conducted produced nothing but merely complied with the wishes of your Mayor Tomas Osmeña.
While the move of the vice mayor may have delayed the construction of the flyover across the intersections of Gov. Cuenco Ave. and A.S. Fortuna St., it failed to disprove the public’s thought that the City Council is a rubber stamp of the executive.
The council’s study and further consultation on this issue only further delayed the construction of this flyover. Although I favor the construction of the skyway, but for lack of funds the flyover is the immediate remedy to the traffic problem in this area.
Banilad businessmen, who prefer widening the road, should accept the fact that at the end of the day the decision of the local government prevails over their sentiment.
After the WTG Construction won the right to construct the flyover, we expect there will be no more obstacles for this project to proceed.
Protests or court action that the Banilad businessmen plan to do once the construction starts is anti-progress. They better put off whatever plans they have and instead cooperate for the welfare of everyone.
