DISMISSED DRUG CASES TO BE REVIEWED - DOJ

JUSTICE Secretary Simeon Datumanong on Friday ordered the automatic review
of all high-profile drug cases that have been previously dismissed by
government prosecutors.

He issued the order through Department Circular 46 dated June 26, directing
that the automatic review shall be "summary" and completed within 30 days.

The circular supports the government's renewed campaign to deal with the
menace of drug addiction and trafficking in the country.

"This Department Circular shall apply to covered cases which have been
dismissed prior to its issuance if such dismissal has not yet attained
finality as of the date of this Circular," Datumanong added.

Under the circular, the dismissal of cases, whether on inquest, preliminary
investigation or appeal, filed for violating Republic Act 9165 and involving
the maximum penalty of life to death, shall be subject to automatic review.

Cases dismissed by city and provincial prosecutors shall be reviewed by the
regional state prosecutor having jurisdiction over the Prosecution Office.

The justice secretary shall review cases dismissed by the chief state
prosecutor, regional state prosecutors and city prosecutors in Metro Manila.

Statistics show that since 1999 the Department of Justice has received 33
high-profile drug cases. Of these cases, 25 have been filed in courts and 8
are still pending in the justice department.

These cases involve possession of or trafficking in shabu (methamphetamine
hydrochloride) amounting to 762 grams to 503 kilograms; 4l.9l kilograms of
marijuana and 692.l6 grams of cocaine.

The arrest of 23-year-old Hong Shan Shan, a female Chinese employee of Wah
Yuen Hotpot Resturant, who was caught with a kilo of shabu on June 19, was
the latest high-profile drug case received by the justice department.

But department sources said high-profile drug cases are usually elevated to
the courts.

"We don't dismiss such big cases here, because we leave it to the courts to
determine whether they should be dismissed or not. As long as there is
probable cause for their filing, we elevate these cases to the courts," an
official said.

Datumanong announced the creation of a Task Force on Antinarcotics and
Dangerous Drugs, which would handle preliminary investigation,
reinvestigation or inquest of all cases involving illegal drugs referred by
law-enforcement agencies to the justice department.

He has tapped Chief State Jovencito Zuno to lead the task force. Senior
State Prosecutors Theodore Villanueva, Archimedes Manabat and Leah Armamento
have been assigned as vice chairmen.

Seven other state prosecutors have been designated members of the task
force.