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Wednesday, August 20, 2003
4 cops in hot water for failing duties
By Harley Palangchao
BAGUIO -- Four members of Task Force Jericho North Luzon may face a maximum of 20 years imprisonment after a local court noted that they failed to do their obligation to testify against an accused notorious for involvement in "drug-related cases."
The failure of PO3 Roy Allan Abang, PO1 Armand Bautista, PO2 Arsenio Arrojo and PO2 Randolf Lagunoy to confirm they seized drugs from the suspect by not appearing during the trial of Paul Black, alias Paul Atos, led to the dismissal of two charges lodged against the suspect.
"This court will relay this serious matter to the PNP director general, through Supt. Francisco Manalo Jr., Baguio City Police Office director, and to Interior Secretary Jose Lina," Regional Trial Court (RTC) Branch 61 Judge Antonio Reyes stressed in his seven-page decision.
Under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, "prosecutors, police officers and personnel who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately cause the unsuccessful prosecution and/or dismissal of drug cases may be imprisoned for 12 years and one day to 20 years."
Reyes, who handles drug-related cases, noted that with regard to Black's cases, the "unwarranted delay in the disposition of these cases has actually amounted to undue oppression and to make the accused suffer because of the negligence of law enforcers is one of the injustices sought to be prevented by the Bill of Rights no matter that the accused is known to this court for his notoriety in drug-related cases."
Court records showed that Black and his companion Gerardo Saclao were arrested by operatives of the Task Force Jericho inside the house of the accused along Bonifacio Street two years ago.
Police operatives seized almost a kilo of marijuana and 3.3 grams of methamphetamine hydrochloride or shabu from Black and another 7.2 grams of shabu from Saclao.
The accused, when arraigned, pleaded not guilty to the offense lodged against them. He then filed a demurer to evidence but Reyes denied the petition.
The judge noted that during scheduled hearings, only police officer Richard Camba came out to testify against the suspects, adding that his colleagues failed to testify on grounds that they were assigned to other places.
The cases were supposed to be promulgated on April 8 this year but the lawyer of Black filed a motion for the reopening of the case, demanding his client's fundamental right to a speedy trial. The motion was eventually granted.
"The law enforcers, in spite of the fact of solid evidence having been confiscated from the two accused, failed to confirm their haul by their failure to appear during trial," the decision noted.
"(As such), it is absolutely right and safe to say that Black has been denied his right to a speedy trial and the failure to place him behind bars for the rest of his life, which he should have merited because of the crime he has committed, is a case of police failure to duty."
Reyes, during an anti-drugs forum late last month, stressed that "every right should be accorded (the suspect). The government must set the tone. We cannot make any shortcut...we will be discarding the Bill of Rights which is more serious than the drug problems."
But while dismissing the charges against Black, Reyes also sentenced Saclao, who jumped bail after his arraignment, to a maximum of two years imprisonment. Sun.Star Baguio
(August 20, 2003 issue)
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