Metro Manila (CNN Philippines, July 4) — The Supreme Court called out law enforcers and prosecutors for their “reprehensible” handling of a ₱1-billion drug case, which led to the acquittal of all six accused.
The case stemmed from a police operation in 2003 that led to the arrest of five Chinese nationals and one Filipino.
In a 35-page decision penned by Chief Justice Alexander Gesmundo and released on June 29, the high 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 acquittal.\”
Warned of deportation, four of the Chinese nationals bribed the cops with 10 kilograms of shabu in exchange for their freedom. Police said they played along and proceeded to a warehouse in Valenzuela City for entrapment.
The suspects were charged for illegal transportation of 9.3 kgs of shabu and for illegal possession of 119.080 kgs of shabu.
The Regional Trial Court dismissed the cases against Chinese nationals Jackie Ong, Tan Ty Siao, and Go Siak Ping on the basis of a demurrer of evidence, noting there was no proof they participated in the bribery made by Co Ching Ki.
The RTC also acquitted Co Ching Ki due to the lack of \”clear and direct evidence that he was ever in possession of any illegal drugs.\”
But it found Filipino Robert Uy and another Chinese national, Willie Gan, guilty. The Court of Appeals affirmed their conviction.
The SC, however, ruled that Uy must be acquitted on the basis of reasonable doubt.
\”Accused-appellant could not have had actual possession of the items seized from the warehouse because he was already in custody of the police officers when the search of the warehouse was conducted on Nov. 11, 2003,\” the decision read.
\”It was simply impossible for accused-appellant to have had actual possession of said drugs since he was already in custody,\” the high court added.
The SC also called the error committed by the trial court “more reprehensible” for imposing a lower penalty against Gan \”despite such clear language to impose the penalty of life imprisonment.\”
Hence, the SC extended the acquittal to Gan.
\”Truly, the acquittal in the instant case is ordained by multiple errors, whether through negligence or misfeasance, committed by the prosecution, the defense, and the trial court,\” it said.
