DoJ eyes better criminal case buildup after rebuke by SC

THE DEPARTMENT of Justice (DoJ) on Thursday said it is trying to improve coordination with law enforcers after the Philippine Supreme Court (SC) slammed authorities’ “reprehensible” handling of a P1-billion illegal drug case that led to the acquittal of all suspects.

“We are asking the prosecutors to own up to the responsibilities they have and ensure a reasonable certainty of conviction when they file cases,” Justice Secretary Jesus Crispin C. Remulla told a news briefing.

“Case buildup has to be conducted properly and we have to really guide our policemen in handling these cases,” he added.

In a ruling dated Feb. 21 and made public on June 30, the High Court said it had no choice but to acquit the two alleged members of a drug syndicate, reversing their conviction due to procedural blunders by law enforcers, prosecutors and a Valenzuela trial court.

“The court beseeches all actors in the administration of criminal justice in our jurisdiction to effectively carry out their respective duties and responsibilities, keeping in mind that any failure on their part will likely result in an acquittal,” according to the ruling written by Chief Justice Alexander G. Gesmundo.

It said law enforcers violated the law when they failed to have a witness from the Department of Justice (DoJ) during an inventory of the seized illegal drugs.

Mr. Remulla cited a March 31 DoJ circular that ordered government prosecutors to take a more active role in the build-up of criminal cases by guiding policemen who are investigating crimes.

The circular also required prosecutors to drop criminal complaints not supported by evidence to help clear court dockets.

The five Chinese suspects and one Filipino, who were arrested in 2003, were accused of distributing and illegally delivering more than nine kilos of crystal meth. They were also charged with illegal possession of 119 kilos of the drug and 111 kilos of chloromethamphetamine hydrochloride.

The Valenzuela trial court had acquitted four Chinese suspects but convicted another and one Filipino.

Under the Comprehensive Dangerous Drugs Act, a representative from the media, Justice department and an elected public official must be present during a drug inventory.

Police also failed to take photographs of the illegal drugs seized, which is also required by law.

The High Court said the Valenzuela trial court had imposed the wrong penalty of up to 14 years in prison on one of the Chinese suspects. Possession of illegal drugs is punishable with life imprisonment, it said.

DoJ earlier raised the standards for filing criminal cases, requiring state prosecutors to ensure cases lead to a “reasonable certainty of conviction” to ease jail congestion. The agency also halved the bail amount for poor Filipinos.

Meanwhile, Mr. Remulla said he would return to work next week as he recovers from a heart bypass surgery that he underwent on June 27.

“I will return to work on Monday (July 10) to fully recover, but I won’t be at the office every day to pace myself and regain my endurance and strength,” he told the same briefing.

The justice chief also dispelled rumors of him resigning due to his medical condition.

Mr. Remulla took a 10-day “wellness leave” last week after a medical checkup. — John Victor D. Ordoñez