Drug suspect in jail for 5 years without being charged; De Lima asked to explain

Justice Secretary Leila De Lima. INQUIRER FILE PHOTO

MANILA, Philippines – The Court of Appeals told Justice Secretary Leila De Lima to explain why it has been five years and her department has yet to file a case against a suspected drug user who has been in detention for over five years.

During Wednesday’s hearing, the appeals court has rescheduled the hearing on the writ of habeas corpus filed by Joanne Urbina after De Lima or a representative failed to appear.

“What is the reason for the delay,” Associate Justice Noel Tijam asked a representative from the Office of the Solicitor-General.

The government’s lawyer was prepared for a presentation to explain the delay but the justices said the hearing was not set up to discuss academics.

“A delay of five years, by any stretch of imagination is not reasonable, not even lawful,” Tijam said.

Urbina, together with a certain Ben Ryan Chua, were arrested by the Philippine National Police Anti-Illegal Drugs Special Operations Task Force last Dec. 14, 2007. A day later, inquest proceedings were conducted.

On Jan. 25, 2008, the Department of Justice (DOJ), through Prosecutor General Claro Arellano, Prosecutors Alfredo Agcaoili and Wilfredo Andres, dismissed the case against Chua while charging Urbina with violation of Sections 11 and 12 of Republic Act 9165 or the Dangerous Drugs Act of 2002 for possession of illegal drugs and possession of equipment, apparatus for dangerous drugs.

However, despite finding a probable cause against Urbina, no case against her has been filed in court.

Urbina has been detained at the Philippine National Police Custodial Center in Camp Crame for five years and four months already.

In her petition, Urbina prays “that an order be issued to command respondents to bring [Urbina]’s person in Court; to declare that Respondents gravely abused their discretion, thereby violating [Urbina’s] constitutional l right to a speedy disposition of her case and to direct respondents to immediately release her.”