Nalzaro: Overhaul in the criminal justice system

CEBU City Councilor Antonio Cuenco is demanding from law enforcement agencies, the Philippine National Police (PNP) and the Philippine Drug Enforcement Agency (PDEA) for an inventory of the illegal drugs confiscated during operations in the last five years. Cuenco expressed fear that the confiscated drugs will be recycled by unscrupulous law enforcers or the so-called “ninja cops,” referring to a group of rogue police officers who conducted anti-drug operations but the bulk of the drugs were not declared and sold by their civilian agents’ contact.

Cuenco’s fear and apprehension are not remote as it is common knowledge among law enforcement units, and several sources have confirmed that unscrupulous anti-narcotics agents used the seized drugs to either sell them or use them as planted evidence in bogus operations. No less than PDEA Director General Aaron Aquino admitted this during a senate hearing.

Aquino said: “There are still reports about recycling of illegal drugs. It is still rampant among operatives down the line. He said the usual modus is that, maybe, half of the confiscated drugs will be surrendered and declared while some will be kept by operatives either for future operations or be sold.”

Cuenco, an anti-drug crusader during his stint as congressman, wanted to destroy confiscated drugs within 72 hours as mandated under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002. During his stint as Cebu City south district congressman, Cuenco exposed the names of some local businessmen who were involved in illegal drug trade. One of those he mentioned was businessman Peter Lim, who is now wanted for illegal drug business.

However, PDEA officials said they cannot do it on their own. They have to wait for a court order to destroy seized drugs if they are no longer needed as evidence. PDEA lamented on the court’s slow issuance of orders to destroy seized drugs’ inventory. However, PDEA assured the councilor that confiscated drugs are safely deposited in their vault, and not just anybody will have easy access to them.

Most common shenanigans committed by law enforcers happens during during actual operations in serving search warrants or buy-bust operations. When serving a search warrant, they would confiscate everything, including the valuable items and other personal belongings of the subject. They will confiscate the money from the subject, even those proceeds from other “legal businesses” or sources.

Some unscrupulous agents would even prepare a deed of sale for the vehicle of the subject and force the latter to sign it to make it appear that he/she sold the vehicle. That is the usual modus of these scalawag government agents. That is why agents seldom invite media personalities to witness their actual raids to avoid being exposed. They would only invite mediamen in post operations and let them sign post-operation inventory report.

Some agents will negotiate with the arrested person. If the suspect can meet their demands by asking for a huge amount, they will look for a way that the case will not be too tight and may lead to the dismissal at the prosecutor’s office or in the court. Because they have been “fixed” by the accused or their lawyers, some agents will not attend court hearings or testify in court, leading to the dismissal of the case.

But in fairness to the law enforcers, shenanigans are not only at their level. It is also happening at the prosecution and judiciary levels. There are also corrupt fiscals and judges or in the entire five pillars of the criminal justice system which are: the community, law enforcement, prosecution, judiciary and rehabilitation.

We heard about so many cases that have been “mysteriously dismissed” at the fiscal’s office because “money changed hands.” The same things are happening in the judiciary. If the accused is convicted, he can still continue his illegal drug trade inside the jail because of corruption in our corrections, rehabilitation and penal system. You ask, where did the supply of drugs come from? And they would tell you from our city and provincial jails and in the National Bilibid Prison. Do we need a complete overhaul in the five pillars of the criminal justice system?

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