CUENCO SEES NEED TO AMEND NEW ANTI-DRUGS LAW

THE possibility that policemen stole two kilos of shabu from an arrested
person may lead to some amendments to the current anti-drugs law.

After a conference in his residence yesterday morning, Rep. Antonio Cuenco
(Cebu City, south) said he might push for higher penalty for policemen
found guilty of stealing evidence.

"What else would they do with the shabu? Of course, they will sell it. So
there should be no reason that stealing of evidence would have a lighter
penalty," Cuenco said.

Cuenco, who authored Republic Act 9165 and is current vice chairman of the
House committee on dangerous drugs, added this will be discussed in the
congressional inquiry he plans to hold on Aug. 27.

Four policemen from the Maritime Group (Marig) 7 are under investigation
after a self-confessed drug courier alleged they stole two of four
kilograms of shabu he was delivering to Cebu.

The Philippine Drug Enforcement Agency (PDEA) 7, after gathering enough
evidence, plans to file a complaint against Senior Insp. Mangaoang and his
three subordinates.

Under the Comprehensive Dangerous Drugs Act of 2002 Section 92, the penalty
for bungling a case is imprisonment from 12 years and one day to 20 years.

But Cuenco said the penalty should be life imprisonment.

PDEA 7 investigator SPO2 Mark Nadanza had hoped to file a charge of
misappropriation against the four Marig 7 officers because this is
punishable by death.

But Acting City Prosecutor Oscar Capacio said they needed Willy Solon's
testimony to strengthen the case.

Cuenco also urged the PDEA 7 to lead the filing of a case against the men
Solon named in his confession as his big bosses.

Acting City Prosecutor Oscar Capacio said that for Solon to become state
witness, he must be the least guilty among the accused.

Cuenco, though, sees this as a problem.

Solon has no co-accused in the case, which is now under the sala of Judge
Meinrado Paredes in RTC Branch 13.

State Witness

Cuenco hopes the PDEA can convince Marig 7 to file an amended complaint
against Solon's associates so that they can turn Solon into a state witness.

Aside from being the least guilty, the accused must give a testimony that
is necessary to convict his co-accused and that there is no other such
evidence.

Also, Solon must not have been convicted of a crime against moral turpitude.

Once Solon agrees to be state witness, the prosecution will file an
appropriate motion that he is qualified to be discharged and be made state
witness.

Police are worried, though, that Solon will not cooperate, as his lawyer
Noel Archival maintains his client is innocent.

But Capacio pointed out Solon could always recant and say he was forced to
an admission.

The PDEA 7 is waiting for a signed affidavit Archival promised to submit
today, and the assurance his client was willing to undergo a lie detector
test with or without the four Marig officers.

Cuenco fears the affidavit contains a denial of Solon's earlier revelations.