DoJ pushing for amendment of drugs law after gov’t loss in ‘Alabang Boys’ case

MANILA, Philippines—The Department of Justice (DoJ) is pushing for amendments to Republic Act 9165, more known as the Comprehensive Dangerous Drugs Act of 2002, following the acquittal of two of the three so-called Alabang Boys.

Justice Secretary Leila De Lima said the DoJ’s anti-drug task force chaired by Justice Undersecretary Francisco Baraan is already studying the provisions of Republic Act 9165 to propose amendments.

She said they are particularly looking at the provision on the chain of custody of evidence, which was violated, causing the Muntinlupa regional trial court to acquit Richard Brodett and Jorge Joseph.

“If you will read the court’s decision, it zeroed in on the violated chain of custody of the drug evidence. Our law enforcers are having difficulty following it. I think it should be relaxed a little, perhaps do away with some of the requirements like the presence of the media and two elected public officials during the inventory immediately after the seizure,” De Lima told reporters.

“What if the seizure was made in a remote area? We have to wait for these people before an inventory can be conducted, which is why we will propose that at least two disinterested members be allowed to witness the inventory immediately after seizure of the illegal drugs,” she said, noting that the requirements under the law is impractical.

The chain of custody of evidence refers to the requirement under the law that should be followed regarding the movement of the seized illegal drugs from seizure to presentation in court and then destruction.

Under the Dangerous Drugs Act, after taking the initial custody of the seized drugs, the authorities are required to conduct an inventory in the presence of the accused, his/her counsel or a representative of the accused, a member of the media, a representative of the Department of Justice, and an elected public official.

De Lima said the strict requirement under the law forces the police to short-cut the procedure leading to the acquittal or dismissal of cases.

After their study, De Lima said they would submit their recommendations to President Aquino, adding that they would also determine the possible action to take regarding the acquittal of Alabang Boys Richard Brodett and Jorge Joseph by the Muntinlupa City RTC last Friday.

In a 46-page ruling, Muntinlupa RTC Judge Juanita Guerrero noted the failure of the Philippine Drugs Enforcement Authority (PDEA) to observe the proper handling of the illegal drugs supposedly seized from Brodett and Joseph.

The pair was arrested during a sting operation inside the upscale Ayala Alabang Village on Sept. 19, 2008.

A third suspect, Joseph Tecson, was arrested in a separate operation in the Araneta Center in Quezon City.

They became controversial after the DoJ dismissed the case against them due to lapses committed by the PDEA in conducting the raid. PDEA accused the DoJ prosecutors of accepting bribe, prompting the Office of the President to do its own review of the case and eventually file a case against the Alabang Boys in court.

Tecson’s case is being heard before the Quezon City Regional Trial Court.—With Marlon Ramos, Philippine Daily Inquirer