DOJ files case vs suspected member of Sinaloa drug cartel

The Department of Justice (DOJ) has filed a case for violation of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 against a suspected member of the international drug syndicate Sinaloa drug cartel.

Horacio Hernandez Herrera alias Mex is facing a case for violation of Section 5, Article II of RA 9165 for selling 2,265 grams of cocaine. The case is filed in the Makati City Regional Trial Court.

In the 22-page resolution written by Assistant State Prosecutor Juan Pedro Navera and approved by Prosecutor General Claro Arellano, all elements enumerated under the drug act regarding the sale of illegal drugs was present on Herrera’s case.

The elements include: 1) the identity of the buyer and the seller, the object and the amount and 2) the delivery of the thing sold and payment.

“The above elements were proven by the Philippine Drug Enforcement Agency (PDEA) and Philippine National Police-Anti-Illegal Drugs Special Operations Task Force (PNP-AIDSOTF) when poseur buyer Intelligence Officer 1 Errold E. Dayrit was able to identify the seller of the cocaine as “Mex” later identified as respondent Horacio Hernandez Herrera … Herrera’s act of handing over a green plastic sando bag that contained several packs of self-sealing transparent plastic bags containing cocaine clearly identified him as the seller who himself demanded and received the payment,” the resolution stated.

Herrera denied the charges against him, claiming there was no valid arrest, and accused the police officers of robbery, kidnapping and extortion.

Herrera said he came to the country to put up an “air water” business and a restaurant. He said he met a certain Sarah Nazareno who introduced him to two Chinese men who asked him to bring in “ice.” In his affidavit, he believed Nazareno was the one who had set him up.

But the DOJ, quoting a Supreme Court resolution, said, “the defense of extortion and/or frameup is often put up in drugs cases in order to cast doubt on the credibility of police officers.”

In this case, the DOJ said, “Herrera’s narration clearly runs counter to the positive testimonial, documentary and photographic evidence submitted by PDEA and PNP-AIDSOTF that the surveillance and buy-bust operation were preplanned over a period of several months.”

Herrera was arrested in a buy-bust operation for allegedly selling P12-million worth of cocaine on Jan. 11. RC