Monday, January 18, 2021

Fake drug buy-bust police operation

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONALD SUATING Y SAYON ALIAS "BOK", ACCUSED-APPELLANT. G.R. No. 220142, January 29, 2020. 
 

"Only the police testified for the prosecution. The actual poseur - buyer was not presented, and the police officers were 10 meters away. The alleged contraband was laid out on the table when the barangay official came. There was no testimony on the chain of custody from the attesting officers to the persons who tested the alleged contraband.

In contrast, the accused presented five (5) witnesses from the community to prove that the alleged contraband was not taken from the accused, and that no buy-bust operation occurred. The accused testified that when he was searched, they only found two pesos and fifty centavos (P2.50) on his person.

Yet, the trial court and the Court of Appeals were willing to send this accused to a life in prison and to impose a fine of P500,000.00 for allegedly selling a stick of marijuana.

We reverse. Efforts of law enforcers to go after the real drug syndicates are undermined by these obviously fictitious arrests. All it accomplishes is alienate our people, enable corrupt law enforcers, and undermine the confidence of our people—especially those who are impoverished and underprivileged—on our court's ability to do justice.

Courts must exercise "heightened scrutiny, consistent with the requirement of proof beyond reasonable doubt, in evaluating cases involving miniscule amounts of drugs for these can be readily planted and tampered."1"