Manila SC frees drug convict over police ‘lapses’

MANILA: The Supreme Court (SC) ordered the release of a convicted drug dealer citing the “lapses” that police had committed when they arrested him in a “buy-bust” operation in Cagayan de Oro City in Mindanao 2010.

In ordering the immediate release of Romy Lim from prison, the SC pointed out he should be acquitted on grounds of “reasonable doubt” because several guidlines were not met by the police and the investigating prosecutor.

ADMONISHED

Among others, the SC admonished OFICIALS TO BE MORE CAREFUL IN INVESTIGATING AND ILING OF CASES AS IT OVERTURNED the decision of the Court of Appeals WHICH EARLIER AFIRMED THE RULING OF the Cagayan de Oro regional court that found Lim guilty.

Lim, however, questioned before the SC the legality of the appelate COURT COURT DECISION WHICH AFIRMED HIS earlier conviction that sentenced him to life imprisonment for drug pushing and an additional 13 years in jail for possession of illegal drugs.

POLICY

In its decision, the SC also laid down a mandatory policy for law enforcers and the courts to follow in the custody AND DISPOSITION OF CONISCATED AND Surrendered illegal drugs, pointing out “poorly builit cases” should be “weeded out early from the already congested dockets of the courts.”

The tribunal noted the absence OF OF ANY ELECTED PUBLIC OFICIAL AND representatives of the Department of Justice and the media in the physical inventory and photography of the items seized from Lim.

HIGH COURT

“In fact, their signatures do not appear in the inventory receipt. Earnest effort o secure the attendance of the necessary must be proven,” the High Court stressed.

In addition, the SC pointed out that the prosecution failed to explain why they did not secure the presence of a justice department representative in THE ARREST OF LIM AND THE CONISCATION of the illegal drug from him.