Judge Emilio Leachon was criminally charged with graft and administratively charged with "gross ignorance of the law" by Interior and Local Government Secretary Jose Lina Jr. before the office of Deputy Court Administrator Zenaida Elepano.
Lina told reporters that if Leachon’s indiscretions go unpunished, the Philippines would become another Colombia, where a well-entrenched Cali drug cartel has established its links in various branches of government, courtesy of drug-money payoffs.
"We are alarmed that some judges have dismissed drug cases involving multimillion pesos’ worth of drugs on doubtful, erroneous and technical grounds," Lina said.
"If the tend continues, drug lords will all the more be emboldened to continue with their nefarious drug activities, which could transform our country into the Colombia of Asia. This we must not allow to continue," he added.
Leachon invalidated on Nov. 15, 2002 the search warrant Manila RTC Judge Enrico Lanzanas issued on July 16 of the same year, which enabled police to seize 41 kilos of shabu with a street value of P89 million and 947 kilos of ephedrine, the main ingredient used in manufacturing shabu.
If the ephedrine were processed into shabu, Lina said, the drug haul’s value could reach P2 billion.
Lina, a lawyer by profession, said it was "very mysterious" for Leachon to have dismissed the criminal information altogether and unilaterally, without the defense panel filing a motion for such action — a move which runs counter to the existing rules of court.
"A criminal case may only be terminated through an order granting a motion to quash, an order granting a motion to dismiss citing grounds which survive after arraignment, an order sustaining a demurrer to evidence and final judgment rendered after trial on the merits (of the case)," Lina said. "The order of Judge Leachon dismissing the case motu propio (on his own) would not fall under any of the above grounds."
The dismissal of the charges by Leachon has set free Jimmy Chua, Man Chuck Li, Willy Ang Tom Chua, Lai Nar, Sam Li Chua, Sally Ong, Concepcion Andohon, Jessilyn Lamosa and Jamil Maranay, who were arrested in a raid on what police call a "clandestine shabu laboratory" in Varsity Hills, Quezon City.
Six of the Chinese nationals have been "re-arrested," Lina said, based on the Dec. 11 decision of Leachon’s colleague, QC RTC Judge Jaime Salazar, who took over the case and reversed Leachon’s decision.
Lina said Leachon’s ruling caused the government "undue injury" as it "derailed efforts to clean society of the dreaded drug menace."
The suspects were indicted for alleged violation of the Comprehensive Dangerous Drugs Act of 2002 (Republic Act 9165) and cannot be released on bail. Should the suspects be convicted of the charges filed against them, they can be sentenced to death by lethal injection.
In his resolution Leachon opined that Lanzanas had no jurisdiction over Quezon City and invalidated the search warrant and all information filed before the QC RTC on the drug case. Leachon also said there was lack of probable cause, as the prosecutors failed to present their informant and the Manila RTC did not question the warrant applicants or witnesses.