AMID the ongoing intensified anti-illegal drugs campaign being waged by the Duterte administration, there are more drug-related cases being dismissed, and more drug suspects arrested by the police exonerated by the courts.
Based on statistics provided by the National Prosecution Service (NPS), a total of 152,741 drug cases have been filed in various courts since Mr. Duterte assumed the presidency and, as of late, in his third State of the Nation Address (Sona) last week, he warned of a relentless, more “chilling” war against illegal drugs.
In 2016 a total of 68,859 drug-related complaints were filed by the NPS in courts, with 1,132 cases involving children as accused.
Last year the NPS filed a total of 70,706 drug cases in the courts with 1,645 cases involving minors.
For the first quarter of 2018, the NPS has already filed 13,176 drug-related information in courts.
Convictions
HOWEVER, only a total of 2,241 drug cases were successfully prosecuted that resulted in the conviction of the accused for the entire year of 2016.
The number represents 27.84 percent of the 8,051 drug cases resolved by the courts in the same year.
Based on the same statistics, the total number of the drug cases dismissed and drug accused acquitted in 2016 were much higher compared to the number of convictions.
Of the 8,051 drug cases resolved by the courts, 2,617 cases were dismissed and 2,186 accused were acquitted.
On the other hand, court proceedings for 1,007 drug cases were either suspended due to prejudicial question, or referred to other agencies.
In 2017 the combined number of drug-related cases dismissed by the courts and drug accused being freed was higher compared to the number of convictions.
Based on the record, out of the 21,383 drug cases that were resolved by the courts, only 32.79 percent or 7,011 resulted in conviction.
A total of 5,270 drug cases were dismissed and 6,353 drug accused were acquitted by the courts for the same period.
On the other hand, proceedings for 2,749 drug cases were either suspended due to prejudicial question, or, again referred to other agencies.
For the first quarter of 2018, there were already 9,030 drug cases resolved by the courts.
Out of 9,030 cases, 5,693 resulted in conviction, while 1,060 cases were dismissed and 1,713 drug accused acquitted.
The unofficial count on the number of deaths in the course of the anti-drugs campaign has breached the 4,000 level. Various human-rights groups, academics and media outlets have placed the deaths at anywhere from 4,000 to over 20,000, however. Most of them involve poor people.
‘Technical’
JUSTICE Secretary Menardo Guevarra has admitted being concerned about the high rate of dismissal of drug cases being filed in court.
“Often, the main reason for dismissal is technical, i.e., failure to observe procedural requirements, particularly in the chain of custody of the drugs seized,” Guevarra said.
“The DOJ [Department of Justice] has to collaborate more closely with law enforcers to ensure that dismissals based on technicalities are reduced. Maybe the new guidelines on plea bargaining in drug cases can also speed up the disposition of drug cases and increase the rate of convictions without going to trial,” he added.
The Boratong case
THIS developed as the Court of Appeals (CA) has affirmed its ruling that ordered the Regional Trial Court in Pasig City and the Regional Trial Court in Malolos City, Bulacan, to hear and resolve the money-laundering cases against shabu tiangge operator Amin Imam Boratong, his wife Memie and several others.
The appellate court denied the motions for reconsideration filed by the Boratongs of its January 29, 2018, decisions that reversed the rulings issued by the Pasig RTC on May 28, 2013, and by the Malolos RTC on December 3, 2013, dismissing the money-laundering cases.
In its January 29 decision, the CA held that the said lower courts violated the right of the prosecutors to due process when they prematurely dismissed the cases. It explained that in the conduct of the criminal proceedings, “the prosecutor has discretionary power to control the conduct of the presentation of the prosecution evidence, part of which is the option to choose what evidence to present or who to call as witness.”
Thus, the CA said, by not giving the state the opportunity to present its evidence in court or to amend the information, the said trial courts have effectively curtailed the state’s right to due process.
In denying the Boratongs’ motion for reconsideration, the CA held that the respondents failed to raise new arguments that would warrant the reversal of its decision.
“Substantially, the issues proffered by the private respondents were already addressed, sufficiently passed upon and resolved in the assailed decision. Hence, we find no cogent reason to warrant reconsideration or modification of our decision,” the CA’s former Special Second Division said in a five-page resolution penned by Associate Justice Carmelita Salandanan Manahan.
It may be recalled that on February 10, 2006, agents of the Anti-Illegal Drugs Special Operations Task Force swooped down on the shabu market allegedly owned by the Boratong couple in Pasig.
The shabu tiangge was found on Boratong’s 2,000-square-meter compound along F. Soriano Street in Barangay Santo Tomas in Pasig.
During the raid, anti-illegal drugs operatives arrested hundreds of drug users and seized a large amount of shabu and numerous shabu paraphernalia.
The raid was a stunner owing to revelations of the massive, brazen drug operations that had apparently existed for years, in a busy urban area right under the nose of authorities.
‘Chilling’
MEANWHILE, the “recalibrated” war on drugs will be relentless and chilling, as President Duterte promised, but will properly observe the rule of law, Malacañang has assured.
Presidential Spokesman Harry L. Roque Jr. made this clear in reaction to Philippine National Police Chief Director General Oscar Albayalde’s statement that the PNP is “recalibrating” the drug war to be in sync with national policy.
Albayalde added that the drug war will also be “relentless” in monitoring the whereabouts of drug users, street pushers and surrenderers.
He said it will send a strong message “about the certainty of punishment to high-value targets, their protectors and patrons” who help those involved in the illegal-drugs trade.
“Coming from General Albayalde who has committed himself, and has proven himself to be operating within the rule of law, I welcome that remark,” Roque said in a recent Palace briefing.
“It will be relentless, but it will be within the rule of law. Obviously, I’m a big fan of General Albayalde,” he added.
Roque also pointed out that only criminals, not law-abiding citizens, should be afraid of the President’s warning.
Oplan Tokhang is a program of the PNP, which involves visits by local police to known drug addicts to urge them to undergo rehabilitation.
“So criminals, there’s reason for you to be chilled. But for law-abiding individuals, you’re secure in your life, liberty and papers,” Roque said.
In his third Sona on July 23, Duterte had declared that his war on drugs is “far from over.”
“Let me begin by putting it bluntly: the war against illegal drugs is far from over. Where before, the war resulted in the seizure of illegal drugs worth millions of pesos, today, they run [into] billions in peso value,” Duterte said.
The President added that protests from human-rights groups and the Church would not deter him from continuing his drug war.
“If you think that I can be dissuaded from continuing this fight because of [your] demonstrations, your protests, which I find, by the way, misdirected, then you got it all wrong,” he said.
With PNA
Image credits: AP/Bullit Marquez