Reluctance of witnesses to cooperate spoils drug cases

THE reluctance of barangay officials and mediamen to stand as witnesses during the inventory of seized illegal drugs has contributed to the high dismissal rate of drug-related cases in court, said the chief of an anti-drug task force in the province.

Cebu Provincial Anti-Drug Abuse Council (CPADAC) Executive Director Joey Herrera said that the Regional Trial Court has cited a 90 percent dismissal rate as an offshoot of the non-compliance to Sec. 21 of R.A. 9165, stipulating the protocol on the custody and confiscation of illegal drugs. Sec. 21 reads: “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 the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.”

However, Herrera said a lot of officials and members of the media are “afraid to be witnesses”.

This was brought up yesterday in the CPADAC meeting. Herrera said that this is only one of the reasons the dismissal rate of drug-related cases is very high, adding that the CPADAC is still trying to determine the others. “We will look into the reasons and once we find out, we will come up with trainings and seminars to fill up the holes,” he said.

Herrera said that he will bring the matter up to the Liga ng mga Barangay and make the officials understand the necessity for compliance.

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