Growing menace

The dangerous drugs menace has been with us for quite a time. And through the years it is becoming more and more dangerous, but it has not been getting the proper and necessary attention by all sectors of our society. It is true that we have a Dangerous Drugs Law tough and strict enough to counter the threat, yet the violations of its stern provisions are still rampant and continue to increase despite the harsh penalties imposed.

The latest outcry on a dangerous drugs case involving some social elites is thus most welcome. With media and government focusing on the case many cans containing lots of worms will hopefully be opened.

The three main pillars in our criminal justice system that play important roles in this particular case of a supposed violation of the Dangerous Drugs Law or in any other case involving the commission of any crime for that matter, are the police, the prosecution and the courts.

Basically, the police or law enforcers pinpoint or collar the suspects and gather the evidence against them; the prosecution examines the evidence to determine whether there are reasonable grounds to believe that the suspects have committed the crime and should be held for trial; and the courts decide whether the suspects are guilty beyond reasonable doubt based on the weight and admissibility of the evidence offered and submitted by both the prosecution and the accused.

In the performance of their respective functions these three pillars of justice must respect and uphold the basic rights of every person enshrined in our Constitution, among which are the right to due process of law, the right to be presumed innocent until proven guilty beyond reasonable doubt, the right against unreasonable searches and seizures, the right against self incrimination, the right to a speedy trial.

Obviously when any or all of these pillars in our criminal justice system fail to do their jobs properly and in accordance with law, the culprits may get off the hook even if they may have in fact committed a crime. Again this only proves that the fault lies not in the system but in the people running the system. And these faults are now graphically coming out like worms in the ongoing inquiry at the Lower House of Congress.

Apparently only the law enforcement and the prosecution or the PDEA and the State Prosecutors of the DOJ are involved in this latest caper about drug abuse. Our lawmakers however should not be distracted by the side issue of which of these government agencies are guilty of bribery or whether bribery has been committed. Neither should they waste time and effort in determining whether the drug abuse suspects are guilty. These are the functions of the courts. They should concentrate more in finding out why the government is not winning the fight against this most dangerous social menace so as to come up with remedial legislations. This latest case of the three prominent drugs abuse suspects reveals a lot of wrongdoings by all the protagonists involved.

First of all, there is clearly no teamwork between PDEA and the State Prosecutors which are supposed to be team mates. Being at loggerheads in the performance of their jobs already indicates that something is wrong with both of them.

Undoubtedly, this is not the first time that the State Prosecutors dismissed the cases referred to it by PDEA. It cannot be immediately concluded however that the prosecutors’ actions are without bases or that money changed hands in the dismissal of the cases. There are to be sure a lot of dangerous and prohibited drugs cases that have been dismissed even by the courts because of the illegal and high handed methods employed in getting the evidence and in the entrapment of suspects. Cases of planting evidence have also repeatedly happened. The heinousness of this crime that carries the heaviest penalty makes it really a potential source for extorting huge sums of money by the law enforcers especially on young, unsuspecting people. More often than not their parents would rather cough up with the money than see their children languish in jail for frame up jobs.

On the other hand, just as the law enforcers are susceptible of committing extortion, the prosecutors can also be suspected of succumbing to bribery or other considerations in junking the cases. The case of the Alabang drug suspects seems to confirm this point. I have not thoroughly read the resolution of the prosecutors dismissing the case. They may really have some valid grounds especially because of other drug cases previously dismissed due to sloppy gathering and handling of evidence. But when the suspects’ lawyer could easily get an audience with the DOJ Secretary, obtain a copy of the draft resolution not yet signed by him as well as prepare a draft of a release order under the DOJ letterhead ready for his signature, the bribery angle becomes plausible. Something fishy must have really taken place especially after one of the suspects’ relatives have come out and confirmed that he and his mother are really dangerous drugs user and dealer. At least now we have a clearer view that the manufacture, sale and distribution of dangerous drugs is big business and poses real danger to our society not only from drug addicts but also and more especially from drug lords.

The ball is now really in the hands of Congress. I cannot conceive of any legislation that can solve this problem especially when the defect is not on the system but on the people running it. I was thinking of a more powerful Super Body with its own special law enforcement agents and special prosecutors under its supervision, coordination and control that will enforce the law and file the case before a special court created for the purpose. But when I think of our Ombudsman, I have second thoughts. Maybe our legislators should just go to Singapore and find out why a simple warning posted on the plane as it lands: “Death Penalty for Drug Users and Dealers”, already instills fear on those who read them.      

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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