DOJ DISMISSES DRUG CHARGES VS ASISTIO SON

The Department of Justice (DoJ) dismissed yesterday the drug trafficking
charges filed by the police in court against Luis ''Piting'' Asistio Jr.,
son of Caloocan City Rep. Luis ''Baby'' Asistio, and two of his alleged
cohorts during the April 5 drug buy-bust operation conducted by the city
police.

In a 22-page resolution, the DoJ upheld the findings of the National Bureau
of Investigation (NBI) that there were irregularities committed by the
police in the conduct of the drug buy-bust operation.

Also dismissed by the DoJ were the drug trafficking charges filed against
Ricardo Garcia and Ronel Rivera. The charges against Rosario Ortega, young
Asistio's alleged live-in partner who was also present during the buy-bust
operation, had already been dismissed during the inquest proceedings.

Aside from the drug trafficking charges, the case of illegal possession of
firearms against the young Asistio was also dismissed by the DoJ which ruled
that in the absence of independent physical evidence, the case becomes
doubtful since the .45 caliber pistol was recovered only near Asistio who
fell on the ground.

With the dismissal of the charges, Chief State Prosecutor Jovencito Zuno
directed State Prosecutor Philip Aguinaldo to move for the withdrawal of the
criminal charge sheets filed before the Caloocan City regional trial court
(RTC).

But the charge against Rivera for possession of one roll of marijuana that
had been filed in court after the inquest proceedings stays as "there is no
ground to modify or reverse the findings of the State Prosecutor Richard
Fadullon who conducted the inquest."

Due to lack of evidence, the charges for robbery and trespassing filed
against senior police officer 3 (SPO3) Conrado Cortez, Chief Inspector Rex
dela Rosa, and a certain Inspector Marse were also ordered dismissed by the
DoJ.

The frustrated homicide case filed against Chief Inspector Rhodel Sermonia
was upheld by the DoJ. It was found that it was Sermonia who fired several
shots at the young Asistio.

The NBI found that the young Asistio and Ortega were shot at close range and
were fired upon even when they were already retreating to their apartment.

"As found by the NBI, the buy-bust operation was irregular and obviously
contrary to the usual procedure observed by law enforcers. There were
apparent lapses in the buy-bust operation which seriously cast doubt as to
the legality and propriety of the police operation," the DoJ said in its
resolution.