PHILIPPINE National Police (PNP)chief, General Guillermo Lorenzo T. Eleazar has ordered all concerned police commanders nationwide to review their dismissed cases for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 as part of their ongoing program to ensure they will have a much higher drug conviction rate.

“I am directing all police units nationwide to review why their drug cases were dismissed. Nasa policy na natin ito pero we need to check for actual evaluation. Besides, we are holding our men accountable for their failure to observe Police Operational Procedures specifically when it comes to anti-drug operations,” the top cop said.

Gen. Eleazar issued his latest directive even as the PNP Drug Enforcement Group headed by Brigadier Gen. Remus B. Medina said it has recorded a 74.57 percent conviction rate since last year, even exceeding its target accomplishment during the 1st quarter of Year 2021.

Brig. Gen. Medina said that at present, they are continuing their capacity training of their personnel assigned in different DEG Special Operation Units to improve their performance both in the conduct of operations and investigation in order to ensure the successful prosecution of RA 9165 cases they have filed or will file against arrested drug offenders in the future.

“Despite the limited, restricted movement of our personnel due to the COVID-19 pandemic, we are going all-out to sustain the monitoring of attendance of our personnel to their court duties and are strictly implementing the conduct of case conference with assigned prosecutors/witnesses prior to the hearing,” the PNP-DEG director said.

Brig. Gen. Medina said they are embarking on a 100 percent court and prosecution appearances of their men and a case monitoring system all with the end in view of sending drug lords and their ilk to jail and delivering justice to their victims.

Gen. Eleazar assured the citizenry that mechanisms are in place for a thorough review of all cases that have been dismissed by courts, especially those related to anti-illegal drugs operations.

According to the top cop, these mechanisms are for the institution of possible adjustments in the conduct of police operations where deviations from protocols and procedure are committed which would cause the case dismissal.

The PNP chief’s assurance came after local rapper Marlon Peroramas, known as Loonie, asked him to investigate a group of Makati City policemen who allegedly ‘planted’ evidence on him leading to his arrest and jailing in 2019.

Peroramas’ case was dismissed by the Makati Regional Trial Court Branch 64 due to the failure of police personnel to follow the chain of custody rule.

“Kasama sa inutos kong imbestigasyon ay ang pagtutok sa lahat ng aspeto kung bakit na-dismiss ang kaso laban sa rapper na si Looney at ang kanyang kasamahan. Maliwanag na na-dismiss ang kaso dahil sa teknikalidad sa isyu ng rules on chain of custody at ito ang gusto nating tutukan upang hindi na maulit pa,” said Gen. Eleazar.

However, he said that although there are drug cases filed by the police which were dismissed by the courts on reasons of technicalities, it doesn’t necessarily mean that the persons acquitted did not actually commit the offense, meaning they are really ‘clean.’

“What I would like to point out here is that we want to improve our drug conviction rate,” he said.

Gen. Eleazar assured Peroramas that his appeal won’t fall on deaf ears.

“Ang panawagan n’ya na imbestigahan ang mga pulis na involved sa ginawang operasyon laban sa kanya ay kasama na sa isinasagawang pag-review ng Committee on Dismissed Drug Cases ng Southern Police District sa kanyang na-dismissed na kaso. At kung makitaan ng kumite na may pagkakamali ang mga pulis na iyon, makakaasa sya na mananagot ang kung sino man ang may kasalanan,” the PNP chief said.

Gen. Eleazar explained that it is the Committee on Dismissed Drug Cases which evaluates dismissed cases that include misconduct or irregularities that could have been committed by police officers involved.

Should the committee finds irregularity, the PNP chief said it will refer the case folder to the appropriate units concerned for conduct of pre-charge investigation.

“There are already existing policies to identify our strengths and immediately address our weaknesses in the performance of our mandate. At tinututukan natin ang lahat ng ito upang makatiyak kung nasusunod ba ito ng maayos,” he explained.

“Itong lahat namang ito ay bahagi ng ating ipinapatupad na reporma sa PNP alinsunod sa inilunsad nating Intensified Cleanliness Policy. Hindi lang ang buong kapulisan ang makikinabang dito kundi lalo na ang ating mga kababayan,” Gen. Eleazar added.

The top cop earlier said the PNP is already reviewing the protocols to ensure that the rule on chain of custody is strictly being followed during police operations.

DOJ CHIEF ASKS COURT TO BE MORE ‘LIBERAL’ WITH DRUG CASES

Department of Justice Secretary Menardo Guevarra last year called on the courts to be more “liberal” with RA 9165 cases that did not follow proper procedures in handling evidence saying courts should be more understanding of the practical limitations of the arresting officers or the prosecutors themselves.

Since 2016, many drug cases filed by government agents were either dismissed or resulted in acquittals of suspects because of weak case buildups, or cases where arresting officers did not comply with the law’s requirement that inventory of the seized drugs should be made in the presence of a barangay official and a representative from either the media or the DOJ.

“We cannot ignore the fact that our work in putting behind bars those who violate our laws against dangerous drugs remains hampered by the very stringent requirements on the handling of evidence, and the chain of custody rule,” he said.

“We want the court not to dismiss if there’s ample evidence that the integrity and evidentiary value of the seized illegal drugs have not been compromised, notwithstanding failure to comply with all the technical requirements,” Sec. Guevarra added.