Drug suspect wants his case dismissed

One of three suspected big time drug pushers from Pagadian City arrested by the Philippine Drug Enforcement Agency during a buy-bust operation last January 30 has asked the Cebu City Prosecutors' Office to dismiss the charges against him saying the police failed to observe the proper procedures of the arrest as mandated by the Comprehensive Dangerous Drugs Law.

Tata Hasan Acang also accused PDEA operatives of taking his Omega wristwatch, gold bracelet, Nokia cellphone and bags of food and clothing but did not include them as among the items seized during the alleged "illegal" operation.

Acang, in his six-page counter-affidavit and motion to quash the complaint filed before assistant city prosecutor Patrick Osorio, said that the complaint against him and several others should be dismissed because of several irregularities.

Acang said that the PDEA operatives did not comply with the requisites as mandated by Section 21 (1) of the R.A. 9165, which states that "the apprehending team having initial custody and control of the drugs shall immediately after seizure and confiscation physically inventory and photograph the same in the presence of the accused or his or her representatives, media and the Department of Justice."

The certification of inventory was allegedly only issued the following day after the arrest was made on January 30 and did not bear any signature of the representative of the DOJ.

Acang also pointed out that the inventory of the items seized from them did not include his Omega Wristwatch, gold bracelet, Nokia cellphone and some bags of food and clothing.

He denied he was involved in the illegal drug trade saying he was hired by Castro Sabal, who is also a respondent in this case, to assist his family while they are in Cebu City where Sabal's wife, Meriam, is going to give birth to their third child.

On January 30 in the afternoon they went to a mall to buy groceries. As they were on their way to the parking lot PDEA operatives PO3 Jose Erwin Dumaguit, PO2 Rey Robert Villarete and SPO1 Cecilio Gomez arrested them for allegedly selling illegal drugs.

Acang said the said policemen never apprised them of their constitutional rights when they were placed under arrest and what violations they committed.

The PDEA operatives said they arrested Acang together with his employer Sabal and Taner Macalmas, all of Pagadian City, after they sold them a big plastic pack of shabu.