Legality hampers prosecution
By Jani Arnaiz
MAASIN CITY – Provincial PNP director Senior Supt. Pepito Pacada on Wednesday admitted the lack of ample legal knowledge among police personnel in filing cases against suspects on drug related cases.
The admission came on the heels of a dismissed case due to technicality involving scion of political families charged of illegal possession and drug dealing.
“We admit that we lacked the training needed because there is no continuity on education. And besides we have other works to be done,” said Pacada when told that several dismissed cases involving illegal drugs were due to technicality.
He added that “Because of so much police works we could not send our personnel for trainings and specialization particularly on legal aspects.”
He pointed out though that on his six months since he assumed as the provincial director they have nine accomplishments on drug related cases and only one was dismissed and that they were not even the one who conducted the operations.
Pacada was referring to the case involving the Enage case. The suspect on the case is the son of lawyer Manuel Enage II and Luz who is a candidate for city councilor.
Illegal drug suspect Manuel Adobas Enage IV was arrested on December 19 last year on the strength of a search warrant issued by an RTC Branch 11 Judge Cresente Maraya of Calubian, Leyte, more than a hundred kilometers from Maasin City.
A criminal case No. 09-12-3315 for violation of Sec. 11, art.III of RA 9165 was filed by PDEA against Enage at the sala of Executive Judge Bethany Kapili of RTC branch 24 in Maasin.
Judge Kapili though dismissed the case on January 18 this year declaring the search warrant as null and void and ordered the BJMP in Maasin to release the suspect.
The city prosecutor’s office has since filed a motion for reconsideration. The case is still pending.
lo-oy sii pud
ang mga pulis…
don’t worry, people already knew the truth
At least, PNP Director Padaca affirmed his ignorance as well as of his police personnel on the legalities involving search warrants and arrests. I highly suspected from the git-go that because their case was too weak, Manuel Enage IV was going to be released due to legal technicalities. My philosophy on this particular issue is based on the mitigating circumstances that evolved around the case.
(1) Why wasn’t the search warrant obtained from RTC Branch 24 in Maasin as opposed to Branch 11 in Calubian, Leyte?
(2) Why didn’t Judge Maraya advise the PNP to obtain the search warrant from Branch 24 instead? Was he too proud to decline? Conflict of interest maybe? Bribed by a political entity?
(3) Why did Judge Maraya (supposedly who knows about the law of the land) issue the alleged search warrant despite lack of probable cause that was beyond any reasonable doubt?
(4) Why did the PNP include a member of the news media amidst the task force at the time of the enforcement of the search warrant? The media shouldn’t have been made a direct part of the police search or investigation as they don’t have anything to do with actual law enforcement and protection. If a shoot-out happened and the news media person got hit, then who’s responsible for his health care or funeral services. Logic would only tell me that the PNP had the utmost responsibility if or when the inevitable happened.
(5) That the specificity of the alleged search warrant was unclear, and that the execution of said warrant by the PNP was generalized to a certain degree where the privacy rights of other members of the Enage family have been encroached.
(6) Was the city prosecuting attorney consulted and utilized before the beginning of the sting?
(7) Why did Mian Mercado offer his intervention and influence for Manuel Enage IV’s release in return for Luz’ withdrawal from candidacy? Was the whole case politically motivated in the first place?
To sum it up, here are the reasons for the PNP’s failure:
(1) PNP Director Padaca’s ignorance facilitated his failure to validate the legitimacy of the supposed probable cause that would have led to a qualified arrest, incarceration and conviction.
(2) The ignorance of PNP personnel facilitated the erroneous implementation of their surveillance, arrest procedures and detention, suspect transport, warrant execution, and protection of privacy of incidental individuals.
(3) Lack of probable cause that prove the alleged crime beyond any reasonable doubt.
(4) The local PNP’s incapability to prioritize necessary training against real-time office or departmental routines.
If all these factors are not heeded upon by PNP Director Padaca, it’s almost a reassurance that the same mistake could happen again. It would just be a matter of time. For him, it would have to be either, “Do it now, or get out of the job to let someone else do it – the right way, that is”.
A couple of days I took a look at a custom Nike Dunk Low-called Walking on Water. Are all the positive comments Dunk Diversitile decided to take it under water to a pair of Blazers. The Blazer has put the same design as the Dunk with the design of water at the bottom of the shoe. Both shoes also seams Teal. This pair has an orange trim on the way to the Nike swoosh, the lack of Dunk the garrison. The same goes for inspiration in these shoes like dunks. These products in 9.5, so if the size of your success so Diversitile for pricing. More photos to enlarge.