Metro Manila (CNN Philippines, September 19) — Senator Richard Gordon on Tuesday criticized a judge for delays in the disposition of a massive haul of shabu seized by authorities in December 2016.
Gordon, chairman of the Senate Blue Ribbon Committee, said he is mulling issuing a subpoena to San Juan Regional Trial Court Judge Juvencio Gascon, even if it may result in Congress and the Judiciary getting at odds.
“I’m willing to challenge the gods of law and subpoena this judge even if I know I should not. Subpoena him so that I will create a constitutional crisis where in the court will say you have no right to interfere with the judiciary and I can say the judiciary is not doing their work,” Gordon said during a Senate hearing on Thursday.
Gascon is accused of delaying the issuance of a court ruling ordering the destruction of 890 kilograms (kgs) of shabu seized in San Juan City last December 2016.
This supposedly violates Section 21 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act which states the court should conduct an ocular inspection of the seized drugs within 72 hours after the criminal case is filed. Within 24 hours thereafter, the Philippine Drug Enforcement Agency (PDEA) must destroy the drugs.
PDEA Metro Manila Director Wilkins Villanueva said only 500 kgs of the 890 kgs of shabu are under their custody. This also violates the law, senators pointed out during the last hearing, since the entire haul should have been turned over to PDEA 24 hours after the drugs were confiscated.
Villanueva said PDEA cannot destroy the drugs in their possession unless the court conducts an ocular inspection and orders the destruction.
“We already wrote to the Supreme Court to expedite the conduct of ocular inspection but until today there was still no order for ocular inspection,” Villanueva said.
The National Bureau of Investigation (NBI), meanwhile said they also cannot destroy the shabu in their custody for lack of a court order.
Justice Secretary Vitaliano Aguirre, who has jurisdiction over the NBI, said he informed and complained to Chief Justice Maria Lourdes Sereno about the court order.
“Actually, your honor, I have been prodding and wondering why this almost 900 kilos of shabu has not been destroyed. We are very much aware and we have been guarding this seized seizure since the beginning because we are very much aware that this could be pilfered,” Aguirre said.
He told Gordon he would investigate the judge if he were Justice Secretary.
Gordon asked Aguirre to submit an affidavit of his conversation with Sereno, which Aguirre said happened last August 25.
“Because they are not acting and that is why drugs are proliferating in this country, people are being killed, and at the same time the Customs is not doing anything after two months, after four months, the Department has not been able to do anything because the judge is sitting on this case, we are not going to tolerate that,” Gordon said.
“The order is made,” Gordon said, hitting his gavel.
Gordon expressed his frustration on the Judiciary and said he will also write another letter to Sereno.
“I’m sick and tired. You have judges that issue, and I’ve already written a letter to the chief justice of the SC – judges that issue search warrants on people who are in jail who are eventually assassinated or executed. And I have not gotten a reply yet. I have the highest respect for the chief justice,” he said.
Although Gordon did not mention names, Albuera, Leyte Mayor Rolando Espinosa – tagged by President Rodrigo Duterte in the illegal drug trade — was killed in a drug raid inside his detention cell on Nov. 5, 2016. The police carried with them search warrants obtained a day before the raid.
Judge on medical leave
Gordon asked Aguirre if he thinks Gascon may be foot-dragging on the issue or deliberately delaying court process.
“He was on medical leave,” Aguirre said. He said the judge will return to work on Sept. 28.
“Under the rules of court, the way to destroy this has not been very clear that’s why the judge was very careful about this,” he added.
But Senator Ping Lacson said the law is clear.
“Since the drugs were confiscated last December, definitely naglapse na yung 24-72-24. We’re only talking of hours here,” Lacson said. That is, drugs must be turned over to the PDEA 24 hours after confiscation or seizure, must be inspected by the court 72 hours after a criminal case is filed and must be destroyed 24 hours thereafter.
“I hope that judge is listening and I hope he whisks himself here to explain himself right away. Because the wheels are already turning. No wonder the wheels of justice turn very slowly in this country,” Gordon said.
CNN Philippines is trying to reach Gascon for comment.
The Senate Blue Ribbon Committee is investigating the smuggling of P6.4 billion worth of shabu that slipped through customs in May 2017.
But almost four months after the 604-kg shabu shipment was seized from two warehouses in Valenzuela City, 502 kgs remain in the custody of the NBI, while 100 kgs are with the PDEA, the last Senate hearing revealed. It was not immediately known where the remaining two kilograms are.
CNN Philippines’ Cecille Lardizabal contributed to this report.
