FILING CASE VS COPS MAY NOT PROSPER

A GOVERNMENT prosecutor yesterday told the TIMES that a criminal complaint
on the recent police action on painting houses of suspected illegal drug
users may not prosper in court. Assistant city prosecutor Jose Garcia Jr.
said the Phil. Drug Enforcement Agency and the Davao City Police Office
(DCPO) could use the defense of "implied permission".

"The policemen could tell the court that the house owners have permitted the
spray painting activity by not objecting," Garcia said.

"Kung makit-an nato sa television walay pagsupak sa mga tagiya sa balay,
daghan sa ilaha ang nangatawa pa gani," Garcia added. (We saw on tv that
homeowners wereare not objecting, most of them were even seen laughing),

Garcia said the residents who do not like the idea could report to the
police station and have the incident blottered.

He said the house owners have no reason to oppose the spray painting since
unlike former Manila mayor Alfredo Lim's formula, it does not put them to
shame by being tagged as drug pushers.

"The initiative of Lim had been declared illegal by the Supreme Court but
the present spray painting activity of the local government is different
since it only posted "Alsa-Droga" supporter, Garcia said.

"The government is using reverse psychology against these drug users and
pushers," the prosecutor said.

However, Garcia said police authorities should ask permission before they
can mark the houses.

Earlier, the Integrated Bar of the Philippines (IBP) warned authorities to
make their action within the bounds of the law so that they could not face
vandalism and trespassing charges.

Zarate said the campaign could only be considered legal if there is personal
consent.

Operatives of the PDEA and the DCPO marked 30 houses in three barangays
along Quezon Boulevard believed to be havens of drug suspects last July 8.

DCPO director Sr. Supt. Conrado Laza and PDEA regional director Supt.
Wilkins Villanueva, who spearheaded the house-to-house painting, said that
words were carefully chosen in order not to violate the High Court's ruling.

Laza said the activity to mark the houses was done in line with the campaign
of President Gloria Macapagal Arroyo to strengthen the fight against illegal
drugs.