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DOJ to investigate prosecutors bungled P1B drug case
DOJ to investigate prosecutors bungled P1B drug case
Nation
DOJ to investigate prosecutors bungled P1B drug case
by Daylight Abas05 July 2023
Department of Justice

The Department of Justice (DOJ) announced on Tuesday that it would investigate the prosecutors who botched a P1-billion drug case in 2003 and implement steps to increase conviction rates.

The statement comes after the acquittal of five Chinese and one Filipino suspected of being part of a big drug ring by the Supreme Court (SC).

According to DOJ spokesman Mico Clavano, the gaffe should serve as a reminder to state prosecutors to follow the chain of custody regulation in order to prevent drug traffickers from being acquitted.

The SC exonerated the six accused in a 35-page judgment written by Chief Justice Alexander Gesmundo and made public on Friday.

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Moreover, the case arose from the arrest of Chinese nationals Jackie Ong, Co Ching Ki, Tan Ty Siao, Go Siak Ping, and William Gan, as well as their Filipino accomplice Robert Uy, by the police Anti-Illegal Drug Special Task Force in November 2003 during an entrapment operation in Binondo, Manila.

Capt. Rainero de Chavez, the police unit's leader, claimed the Chinese allegedly attempted to bribe cops with 10 kilos of shabu in exchange for their release.

De Chavez stated that they were attempting to snag the big fish by tailing the suspects' car that was intended to deliver the drugs.

On November 10, 2003, Uy was apprehended while driving the automobile carrying the shabu bribe.

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Over 230 kilograms of shabu were seized in a warehouse in Valenzuela, where Uy reportedly picked up the contraband, according to police.

Uy was sentenced to life in prison by the Valenzuela City Regional Trial Court (RTC) for drug trafficking and possession, while Gan received a 12-year prison sentence and a P300,000 fine.

The RTC dismissed the allegations against Ong, Co, Tan, and Go Siak after granting a demurrer and failing to prove that they participated in the bribe.

Uy appealed the case to the Supreme Court, which upheld the Valenzuela RTC's decision from 2014.

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The higher court discovered errors in the case on appeal, and the high court exonerated Uy because the prosecution failed to demonstrate that he possessed the drugs recovered from the warehouse.

"Accused-appellant Uy could not have had actual possession of the evidence seized from the warehouse since he was already in custody of the police officers when the search was conducted on Nov. 11, 2003. It was impossible for Uy to have had actual possession of the drugs," read the SC decision.

It ruled that Uy should be acquitted of both charges brought against him because prosecutors failed to establish corpus delicti, or the body of the crime, due to a lack of evidence demonstrating that the arresting officers complied with the statutory requirements of Republic Act 9165, or the Comprehensive Dangerous Drugs Act.

According to the higher court, the police also violated the chain of custody norm.

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The SC noted that the prosecution provided no explanation for the absence of the DOJ official during the anti-narcotics operation.

Even if Gan did not file an appeal, the higher court extended Uy's acquittal to him because the same

The SC said that the blame lies with law enforcement and prosecutors. The Supreme Court also decided that the Valenzuela RTC made mistakes in handling the issue.

It distributed copies of the ruling to the secretaries of the Departments of Justice, Interior, and Local Government, as well as the heads of the Philippine National Police (PNP) and the Philippine Drug Enforcement Agency, "for their guidance, information, and action.

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Meanwhile, the PNP declined to comment on the Supreme Court decision chastising law enforcement, state prosecutors, and a Valenzuela court in the 2003 narcotics case.

Brig. Gen. Redrico Maranan, chief of the PNP public media office, stated They would have to first study the Supreme Court decision.

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