Supreme Court berates law enforcers, prosecutors over botched drug case

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'The utter disregard for the law demonstrated by these actors is reprehensible,' the High Court says, referring to the lapses of law enforcers.

MANILA, Philippines – The Supreme Court , in a decision made public on Monday, July 3, berated law enforcers, prosecutors, and a Valenzuela court over a botched drug case that led to the acquittal of the two accused.

Section 11 of RA 9165 imposes far stiffer penalties: life imprisonment to death, and a fine ranging from P500,000 to P10 million in cases involving methamphetamine or shabu weighing 50 grams or more. Uy had filed a petition before High Court seeking to reverse and set aside the Court of Appeals ’ decision dated April 25, 2019. The appellate court’s decision modified the June 30, 2014, joint decision of the Valenzuela City court in two cases involving the accused.Uy, along with Ong Chi Seng , Co Ching Ki , Tan Ty Siao, Go Siak Ping, and James Go Ong , were charged with violation of Section 5, in relation to Section 26, Article II of RA 9165.

Uy brought the case to the CA, which affirmed the lower court’s ruling with some modifications in 2019. Gan earlier filed a notice of nonappeal.After a review of records, the High Court said Uy must be acquitted of his two charges due to reasonable doubt. The SC said the seizure of large amount of drugs “does not detract” from the obligation to prove– or the principle stating that no person should be convicted of a crime without enough evidence proving that the crime had actually occurred.

The Court added that due to the failure of law enforcement agents to comply with the mandatory requirements of the law, Uy must be acquitted. The law originally required that three witnesses – any elected official, a member of the media, a representative from the Department of Justice – should be present during the inventory and photography of the seized items.

 

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