The Supreme Court (SC) has urged anew law enforcers and prosecutors “to focus resources more on the source and true leadership” of illegal drugs trade in the country on top of those small-time drug users and retailers.
“We stand ready to assess cases involving greater amounts of drugs and the leadership of these cartels,” the SC declared as it reiterated its 2014 decision on an illegal drugs case.
Quoting from the 2014 decision written by Associate Justice Marvic M.V.F. Leonen, the SC – in a ruling issued last month and also penned by Leonen – said:
“It is lamentable that while our dockets are clogged with prosecutions under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act) involving small-time drug users and retailers, we are seriously short of prosecutions involving the proverbial ‘big fish.”
“We are swamped with cases involving small fry who have been arrested for miniscule amounts. While they are certainly a bane to our society, small retailers are but low-lying fruits in an exceedingly vast network of drug cartels.
“Both law enforcers and prosecutors should realize that the more effective and efficient strategy is to focus resources more on the source and true leadership of these nefarious organizations.
“Otherwise, all these executive and judicial resources expended to attempt to convict an accused for 0.05 gram of shabu under doubtful custodial arrangements will hardly make a dent in the overall picture.
“It might in fact be distracting our law enforcers from their more challenging task: to uproot the causes of this drug menace.”
Associate Justice Leonen’s new decision acquitted an alleged shabu seller for discrepancies in the markings of the seized dangerous drug and failure of the law enforcers to comply with the chain of custody mandated by law to preserve the integrity of evidence.
A press statement issued by the SC’s public information office (PIO) stated that acquitted was Lahmodim A. Ameril, who was arrested in Manila in 2006 in a buy-bust operation, for failure of the prosecution to prove his guilt beyond reasonable doubt.
The SC ordered his immediate release from detention unless he is being held for another lawful cause.
Ameril was convicted by the Manila City regional trial court (RTC) in 2012 of illegal sale of dangerous drugs. The judgment of conviction was affirmed by the Court of Appeals (CA) in 2015. He elevated his case to the SC.
Reviewing the evidence, the SC noted that while the information (criminal charge sheet in court) alleged that Ameril was caught selling three transparent plastic sachets containing shabu marked “LAA,” “LAA-2,” and “LAA,” the evidence presented during trial showed he sold three plastic sachets with the markings “LLA-1,” “LLA-2,” and “LLA.”
It said “this raises doubts if the items presented in the trial court were the exact ones taken from accused-appellant.”
It also said the integrity of the seized dangerous drugs was further magnified by the gap in the chain of custody as the testimony of the National Bureau of Investigation agent who seized the sachets of shabu showed he merely submitted the same to the Forensic Chemistry Division for examination and safekeeping and did not identify the person to whom he gave the seized illegal drugs upon delivery.
Thus, the SC ruled that “the totality of the evidence presented shows that the arresting officers who conducted the buy-bust operation were remiss in the performance of their official functions. They made discrepancies in the markings of the seized illegal drugs, and failed to comply with the chain of custody.” (Rey Panaligan)
