Justice Secretary Jesus Crispin Remulla had said he would not intervene in the investigation and trial of his son
Philippine Justice Secretary Jesus Crispin Remulla (left) and his son Juanito Remulla. (Photo: Philippine Information Agency)
Opposition political groups and activists in the Philippines have criticized the criminal justice system after a trial court acquitted the son of Justice Secretary Jesus Crispin Remulla of drug charges.
Juanito Remulla, 38, was acquitted of drug charges by a trial court in Las Piñas City in the capital Manila on Jan. 6.
The court said that the prosecution failed to prove Remulla’s criminal liability because he was not aware that the package delivered to him was filled with illegal drugs.
“After an assiduous review of the evidence of the parties in this case, there is reasonable doubt that the accused (Juanito) received and possessed the parcel delivered to him with the knowledge, consciousness, and awareness that said parcel contained the alleged two bags of marijuana,” trial court Judge Ricardo Moldez said during the verdict.
Remulla was arrested on Oct. 11, 2022, by agents of the Philippine Drug Enforcement Agency (PDEA) at his home. He was accused of possessing a package containing two bags of marijuana with a total weight of 893.91 grams that was sent by a certain Benjamin Huffman from the United States.
Justice Secretary Jesus Crispin Remulla said he would not intervene in the investigation and trial of his son.
Philippine opposition groups dismissed Remulla’s statement and called for his resignation saying that he lacks credibility to run the Philippine justice system.
“We are angry although not entirely surprised by the court’s decision. The trial did not even last for a year compared to the usual court hearings of many drug suspects. It was tried very fast and of course, the decision was favorable to Remulla’s son,” Rose De Leon, member of the leftwing AKBAYAN party, told the reporters.
De Leon has compared Remulla’s dismissal to the detention of former lawmaker Leila De Lima, who after five years, is still behind bars due to drug charges.
“They jailed Senator De Lima based on testimonies of convicted criminals who had later recanted their testimony. Here is a person who was caught in possession of illegal drugs but just because of his ties in government, was allowed to go scot-free. Where is justice in the Philippines?” De Leon said.
The judge said that in order to convict Remulla, three elements had to be proven by the prosecution.
“The testimonies of the witnesses of the prosecution failed to prove that the accused (Remulla) had animus possidendi (intent to possess) the illegal drugs. Absence of which, a conviction could not arise,” Judge Moldez said.
The court noted the testimony of prosecution witnesses who personally talked to Remulla and testified that he (Remulla) admitted he did not know if the package was for him.
“Unfortunately, apart from showing that the package or parcel was handed to the accused (Remulla), the prosecution did not present other evidence to show that the former knew that it contained marijuana. The prosecution failed to show that accused, by receiving the parcel, knew that he was also possessing illegal drugs,” the judge added.
Philippine law experts admitted that indeed the time at which the court received the evidence was “unusually fast” compared to a regular case pending in Philippine courts.
“It takes 5 to 7 years before a trial court renders a decision in a drug case. So, based on the time the decision was reached, it was indeed faster than the rest,” Philippine law professor Gerald Diaz told UCA News.
According to a report of the Bureau of Jail Management and Penology, there are more than 4,000 inmates whose cases have been on trial since 2016, the year former President Rodrigo Duterte became president and launched his campaign against illegal drugs.
“Less than 10 percent of our inmates charged with a drug-related offense have received their decision in court,” Diaz said.
The deadly anti-drug war launched by former President Duterte saw more than 12,000 drug users and traders brutally killed, rights groups say. Thousands surrendered to law enforcers to escape extrajudicial killings.
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