Thursday, June 25, 2009

Anti-drug council seeks new scheme in crusade

REPORT BY REMAI ALEJADO

THE Provincial Anti-Drug Abuse Council (PADAC) last week has raised the possibility of holding a dialogue among the so-called pillars of the criminal justice system in order to complement each others action and or interpretation of the law, especially on drug-related cases.

The five pillars of the Philippine criminal justice system are community, law enforcement, prosecution, court and the correctional institution.

Saying these pillars has important roles to play in the investigation, prosecution and dispensation of justice of alleged offenders or felons, PADAC members said such a move of exchanging ideas for synchronization would strengthen the Provincial Government’s campaign for a drug-free Zamboanga del Sur by 2010.

This suggestion, actually, was an offshoot of the report of Assistant City Prosecutor Cleto Edralin who opined on one illegal drug case whose suspect was caught red-handed by police in a drug buy-bust operation last May 14 but was granted bail by the judge handling the case.

In certain circumstances, a judge may refuse bail for an accused on the grounds that the accused would pose a significant threat to public safety, or would attempt to interfere with witnesses and evidence.

But such a condition is rare enough, because of the basic rule which says that a person is innocent until proven guilty and is therefore within reason entitled to bail.

Edralin said that the suspect in the drug case he mentioned was granted bail by the judge but he petitioned for reconsideration as there was no hearing done to determine the bail.

PNP Provincial Director and PADAC vice chair Ramon Ochotorena said he is also familiar with the situation, citing instances wherein the PDEA, PNP and the military going through the action of running after everybody in the illegal drug business but then get to see the suspects in liberty after the legal battle.

He added that there are even times that law enforcers get blamed and or charged in court for their official acts.

For her part, Provincial Prosecutor Mary Ann Tugbang remarked that the case mentioned by Edralin is an example of differing interpretation of the law between the prosecutors and the judge.

For this, Tugbang confirms her willingness and favored the suggestion of her fellow PADAC members about holding a dialogue as an ideal move.

However, the suggestion by PADAC is still up for contemplation by Gov. Aurora Cerilles as she will be informed of this when she returns from her trip in Manila this week.