SC acquits cop of illegal drug use

CEBU, Philippines - The Supreme Court has reversed both the Regional Trial Court and the Court of Appeals which found a police officer guilty of illegal drug use.

The high tribunal, in a decision penned by Chief Justice Maria Lourdes Sereno, reversed the conviction of PO2 Jaime dela Cruz.

According to Sereno, both the RTC and the appellate court erred in its decision finding Dela Cruz guilty of violating Section 15, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

Dela Cruz was arrested by agents of the National Bureau of Investigation in January 2006 for alleged extortion. Following his arrest, he was subjected to a drug test where he was found positive of using illegal drugs.

However, Sereno ruled that subjecting Dela Cruz to drug test violated his constitutional right against self incrimination.  

"The drug test in Section 15 does not cover persons apprehended or arrested for any unlawful act, but only for unlawful acts listed under Article II of Republic Act 9165 or Comprehensive Dangerous Drugs Act," the high court decision read.

"In the instant case, we fail to see how a urine sample could be material to the charge of extortion. The RTC and the CA, therefore, both erred when they held that the extraction of petitioner's urine for purposes of drug testing was merely a mechanical act, hence, falling outside the concept of a custodial investigation," it added.

The RTC convicted Dela Cruz and required him to undergo mandatory drug rehabilitation for six months. Dela Cruz appealed his conviction all the way up to the Supreme Court.          

The police officer was arrested for allegedly demanding money from Corazon Absin and Charito Escobido in exchange for the release of suspected drug pusher Ariel Escobido. —(FREEMAN)