DOJ TO REVIEW DISMISSED ILLEGAL DRUG CASES

The Department of Justice will now automatically review dismissed big-time
cases involving illegal drugs to ensure effective prosecution of suspects
and protect public interest.

Justice Secretary Simeon Datumanong said this was due to numerous
complaints in the past of illegal drugs cases being whitewashed or junked
due to sloppy police work.

Datumanong issued Department Circular No. 46 on June 16 stating that
dismissal of cases filed in violation of Republic Act 9165 or the
Comprehensive Dangerous Drugs Act of 2002 and involving the maximum penalty
of life imprisonment or death shall be subject to automatic review.

The circular states that cases dismissed by city and provincial prosecutors
will be reviewed by the regional state prosecutor, who has jurisdiction
over the prosecution office concerned.

For cases dismissed by the chief state prosecutor, regional state
prosecutors and city prosecutors of Metro Manila, the review will be
conducted by the justice secretary's office.

"The entire record of the case shall be elevated to the reviewing authority
concerned within three days from issuance of the resolution dismissing the
complaint or appeal, as applicable," the circular read.

It added that automatic review shall be summary in nature and shall be
completed within 30 days from receipt of the case record.

Datumanong said the circular shall apply to covered cases which have been
dismissed prior to the issuance of this new rule if such dismissal has not
yet attained finality as of the date of the circular. The circular also
amends or modifies all prior issuance inconsistent with it.

At the same time, Datumanong also issued Department Order No. 217, creating
the DOJ Task Force on Anti-Narcotics and Dangerous Drugs.

Zuno was named chairman of the task force while Senior State Prosecutors
Theodore Villanueva, Archimedes Manabat and Leah Armamento will serve as
vice chairmen. Fifteen state prosecutors and two other lawyers were also
appointed as task force members.

Members of the task force shall conduct the preliminary investigation,
reinvestigation or inquest of all cases involving illegal drugs referred by
law enforcement agencies and when evidence warrants, prosecute them before
the appropriate courts.