SC slams lapses in big drug case

THE Supreme Court is often called the ‘court of last resort.’ declared that a final and executory judgment may still be set aside if, upon mere inspection thereof, its patent nullity can be shown for having been issued without jurisdiction or for lack of due process of law” (Diona v. Balangue, et al., G.R. 173559, January 7, 2013).

That’s because its decisions are not subject to further review by any other court. Its decisions in most cases may be generally hailed by the public as truly serving the ends of justice, but may raise eyebrows in others, particularly when it acquits those charged with serious crimes based on legal technicalities.

“The action, if based on extrinsic fraud, must be filed within four years from the discovery of the extrinsic fraud; and if based on lack of jurisdiction, must be brought before it is barred by laches or estoppel” (G.R. 159926, January 20, 2014).

The remedy of annulment of judgment “is available only when the petitioner can no longer resort to the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies through no fault of the petitioner.

This means the remedy, although seen as ‘a last remedy,’ is not an alternative to the ordinary remedies of new trial, appeal and petition for relief”

G.R. 159926, January 20, 2014).

In the case of Pinausukan Seafood House v. Far East Bank & Trust Company, the counsels of the parties failed to attend a court hearing despite a previous agreement to do so.

As a result, the Regional Trial Court dismissed the case for failure to prosecute, and the dismissal of which attained finality (G.R. 159926, January 20, 2014).

Claiming surprise over the turn of events, Pinausukan inquired with the RTC and learned that its counsel of record had not informed it about the order of dismissal.

Pinausukan brought the petition for annulment to the Court of Appeals, seeking the nullification of the order of dismissal.

“The substantive defect related to the supposed neglect of the counsel of record to keep track of the case, and [of] his failure to apprise Pinausukan of the developments in the case… [was] not accept[ed] [by the CA] as constituting extrinsic fraud because… what is involved is mistake and gross negligence of Pinausukan’s own counsel” (G.R. 159926, January 20, 2014). Full text at www.manilastandard.net

The High Tribunal did raise not a few quizzical looks when it recently exonerated six accused in a P1-billion drug case.

Charged in the case were five Chinese nationals and a Filipino. They were arrested by an Anti-Illegal Drug Special Task Force of the Philippine National Police during an entrapment operation in Binondo, Manila in November 2003.

The head of the police unit, a captain, said the Chinese allegedly attempted to bribe them with 10 kilos of shabu in exchange for their release.

To catch the big fish, he said they tailed the suspects’ vehicle set to deliver the drugs.

The Filipino suspect, Robert Uy, was nabbed after he drove the car carrying the shabu bribe on Nov. 10, 2003.

Police said they discovered over 230 kilos of shabu in a warehouse in Valenzuela where Uy allegedly picked up the contraband.

The Valenzuela City Regional Trial Court sentenced Uy to life in prison for trafficking and possession of drugs. One of the Chinese suspects, Willie Gan, was meted out 12 years in prison and fined P300,000.

The court dismissed the charges filed against the other Chinese after granting a demurrer and for failure of the prosecution to prove that they participated in the bribe. Uy sought the ruling’s reversal before the SC, which affirmed the 2014 decision of the Valenzuela RTC.

On appeal, the SC found irregularities in the case and exonerated Uy, saying the prosecution failed to establish that he possessed the drugs recovered from the warehouse.

The SC said Uy should be acquitted of both charges filed against him for failure of the prosecutors to establish corpus delicti or body of the crime due to lack of evidence to show the arresting police officers complied with the statutory requirements of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

The police, according to the Supreme Court, also failed to follow the chain of custody rule.

The SC noted the prosecution did not offer any excuse for the absence of the DOJ representative during the anti-narcotics operation.

Even if Gan did not appeal his sentence, the SC extended Uy’s acquittal to him as the same evidence was used against him.

And here’s the rub.

Clearly the High Tribunal went over the case with a fine-toothed comb and found serious lapses in the way the police, prosecutors and judges handled it

The blame, the SC said, lies with the law enforcers and prosecutors.

“It is truly regrettable that the court must acquit accused-appellant in the instant case and extend such acquittal to Gan. The law enforcement agents and the prosecution must exercise more prudence in their compliance with the law,” the SC said.

The SC also ruled the Valenzuela RTC committed errors in handling the case.

“The law enforcement agents and the prosecution must exercise more prudence and care in their compliance with the requirements of Sec. 21 of R.A. 9165 (or the Comprehensive Dangerous Drugs Act of 2002),” the Court said.

“Even more reprehensible is the error committed by the RTC in the penalty imposed upon Willie Gan and accused-appellant for violation of RA No. 9165,” the SC said, noting the law provides a penalty of life imprisonment to death and a fine ranging from P500,000 to P10 million where the shabu or other dangerous drugs possessed is 50 grams or more.

AdvaBased on five occurrences of “severe” El Niño since the 1990s, rice production in the Philippines was one of the worst-hit in Asia whenever the climate phenomenon hits overdrive.

Severe El Niños were recorded in 1991 to 1992, 2002 to 2003, 2003 to 2004, 2009 to 2010 and 2015 to 2016. The most recent severe El Niño was considered as one of the worst in recorded history and, during that time, rice production in the Philippines was 10 percent below the average annual output.

The Water Resources Management Office will soon issue its recommendations to address the effects of the El Niño phenomenon in the country.

The Department of Environment and Natural Resources is also preparing a plan to make public what needs to be done, according to President Marcos Jr. Other agencies involved in the mitigation of the expected effects of El Niño are the Public Works and Agriculture departments.

The country faces the risk of reduced agricultural output and hampered business operations from the double whammy of dry conditions and more typhoons from El Niño.

But economists believe the Philippines can still maintain their growth forecast of 6.2 percent in 2023 and 6.5 percent in 2024. If the numbers are unchanged from the forecast made last April, then we can very well overcome the weather phenomenon’s illeffects.

THE public call for the immediate resignation of NBI Director Medardo De Lemos is mounting.

Last June 30, the NBI held an official “command” conference at the plush Manila Diamond Hotel in Ermita, Manila with top NBI national and regional officials in attendance.

The entertainment fare of the conference consisted of a sexy and provocative dance number performed by several nearly naked women. That lewd dancing incident seemed to go well with the NBI, until a videogram of it went viral online. The exposé created quite a backlash against the NBI in terms of public opinion. Soon thereafter, De Lemos made a public apology, but he apparently downplayed the scandal.

In particular, De Lemos apologized for “any offense caused, particularly to women.” He added the dance number was merely a part of a “fellowship” activity where re- gional and national officers of the NBI can simply “bond” together. Observers in the social media found De Lemos’ apology superficial and equivocal. They want De Lemos to resign his post.

First, by apologizing for “any offense caused, particularly to women,” De Lemos seems to have impliedly denied the lewd dance number was offensive. They view De Lemos’ apology as a denial made to sound like an apology.

Second, De Lemos’ apology seems to dismiss the magnitude of the entire scandal by saying the lewd dance number is not objectionable because it was just a part of a “fellowship” activity where top NBI officials can “bond.”

To the observers on social media, what De Lemos meant to convey is that having many almost naked women dance provocatively in front of top NBI officials as the entertainment fare of an official NBI “command” conference is totally acceptable simply because it created an opportunity for NBI top brass to bond together.

For the observers, De Lemos’ apology and justifications stink. Accompanying the De Lemos apology is his denial that public funds were spent to finance the conference and the dance number. He said the expenses for the conference were covered through contributions from NBI officials and agents. To the angry public, De Lemos’ excuses only magnify the extent of the scandal.

First, it is absurd that an official “command” conference of the NBI was actually paid for with personal contributions from top NBI officials and agents.

Official conferences of government agencies are never paid for by personal contributions from the agencies’ personnel.

Second, even assuming the “command” conference was paid for by personal contributions from top NBI officials and agents, that arrangement is not a license for the NBI to include a lewd dance number in its entertainment fare.

In the opinion of the critics, De Lemos seems to have the mindset that if an activity is paid for by “private funds,” it is totally acceptable for the activity to include a provocative dance number performed by several nearly naked women.

The critics maintain a respectable NBI director should never have that kind of mindset.

Accordingly, they insist De Lemos should resign his post immediately, and that as long as De Lemos remains as NBI director, the word “integrity” in the official NBI seal should be erased.

Gabriela partylist Representative Arlene Brosas says the scandalous NBI conference treated women as sex objects, and De Lemos may be held liable for violating Republic Act 6713, or the Code of Conduct for Public Officials and Employees.

An online writer revealed De Lemos claims that had he (De Lemos) been at the conference, he would have most probably stopped the lewd show.

The online writer does not believe De Lemos’ claim, and likens him instead to Pontius Pilate, who washed his hands from any involvement in the crucifixion of Jesus Christ.

In reprimanding the police authorities, prosecutors and the RTC judge, and CA magistrates who handled the case of Uy, the SC said any failure on their part would likely result in an acquittal.

According to the Court, there were material gaps in the links of the chain of custody for the items seized on Nov. 10 and 11, 2003.

The Court noted that another officer apart from the seizing officer marked the carton box and five plastic bags that contained the drugs. It said there was also no inventory receipt provided.

“While photographs of the carton box and the five plastic bags of shabu were offered in evidence, it is unclear if these photographs were taken at the place of seizure or, if not applicable, at the nearest police station or at the nearest office of the apprehending officer or team,” the Court said.

The SC ruled the case revealed the “law enforcement agents’ complete ignorance of the requirements of Sec. 21 of R.A. 9165.”

“This ignorance extends to the prosecution because the records are woefully bereft of any attempt on its part to even invoke justifiable circumstances to excuse the failure of the law enforcement agents to even attempt to comply with the mandatory requirements of Sec. 21 of R.A. 9165. The utter disregard for the law demonstrated by these actors is reprehensible,” the Court said.

Following the Supreme Court decision, the Department of Justice said it would probe the prosecutors who bungled a P1-billion drug case in 2003 and implement measures to achieve higher conviction rates.

The agency said the blunder should be a reminder for state prosecutors to comply with the chain of custody rule to prevent acquittals of drug traffickers.

Clearly the High Tribunal went over the case with a fine-toothed comb and found serious lapses in the way the police, prosecutors and judges handled it. It should serve as a timely reminder for them to do their jobs better in the future.

(Email: ernhil@yahoo.com)

Many observers agree with the online writer.

For them, it is inconceivable how and why De Lemos, as NBI chief, would not be present at an official “command” conference of the NBI.

The adjective “command” already indicates the conference must have been called under the authority of De Lemos himself.

Other observers called out that this lewd dance number scandal is just another of many controversies marking De Lemos’ one-year stint as NBI chief.

The news media reported that last June 20, six NBI personnel escorted Jose Dera out of the NBI facility in Manila, where he is detained on narcotics raps, for a clandestine date with a lady friend in a restaurant in Makati City.

Critics say an anomaly of that extent is certainly a reflection of the objectionable way De Lemos runs the NBI.

Indeed, the mounting public clamor for De Lemos’ resignation as NBI director erodes the public image of the NBI.

Observers stress the only honorable option for De Lemos is to spare the NBI any further discredit by resigning his post immediately.