Friday, November 16, 2007 Search warrant against suspect? But he’s dead
THE Philippine Drug Enforcement Agency (PDEA) is in trouble for applying for a search warrant against a dead person.
A lawyer, who asked not to be named, told Sun.Star Cebu that he will file a case against the PDEA for “maliciously obtaining a search warrant” against Federico Dequitos, whom he said was long dead.
Sun.Star Cebu tried calling the PDEA office for its side but no one answered the calls.
Last Thursday, PDEA applied for a search warrant against Dequitos before Regional Trial Court (RTC) Judge Fortunato de Gracia, who granted the application.
Upon return of the warrant, Judge de Gracia remembered that a case against Dequitos was raffled and heard in his sala. But this was dismissed after the accused died inside the jail.
De Gracia then called the attention of the PDEA agents who were in his sala at the time for another case.
The agents told the judge that the Dequitos who died was the father while the subject of the search warrant was the son.
“The subject was able to elude arrest by passing through a small opening at the back portion of the room,” read the warrant.
But the lawyer, whose services were hired by the brother of Federico Dequitos, argued that this was impossible because both father and son had already died.
He said Jesusimo Dequitos hired him for fear that he will be the one arrested.
Lawyer Alex Tolentino, who represented Federico in the cases, also confirmed that his client died last year.
“I was shocked when I was told my client was alive. Where will they serve the warrant, at the cemetery?” Tolentino said in Bisaya.
Failure
Tolentino described the lapse as a “failure of surveillance.”
But he said he was not aware there was a Federico Dequitos Sr.
Tolentino said he will file a motion to quash the search warrant.
Arrested during the implementation of the search warrant was Allan Alibo, who was caught allegedly repacking shabu. A complaint was already filed against him before the Office of the Cebu City Prosecutor.
Recovered from Alibo’s possession were one big pack of shabu, one medium pack and 33 packets.
This is aside from the drug paraphernalia seized by the PDEA operatives. (KNT)
