Drug-Related Arrests and Planting of Evidence in the Philippines
Question:
My father was detained due to drugs. When he was arrested, the officers didn't find any drugs on him but planted 7 pouches. He's facing a non-bailable case under Section 5, Article II of the Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165). What can we do to get my father out of prison?
Answer:
Challenging the Arrest and Gathering Evidence:
Firstly, you should consult a lawyer who specializes in drug-related cases as soon as possible. Collect any evidence that can support your father's innocence. Surveillance footage, eye-witness accounts, and other forms of evidence can be critical.
Filing a Motion for Reinvestigation:
A motion for reinvestigation can be filed to scrutinize the actions of the arresting officers and the validity of the evidence against your father. If the court grants the motion, a reinvestigation may be conducted which could potentially change the charges or grant bail.
Counter-charges against Police Officers:
If evidence is available to prove that the drugs were planted, a criminal and administrative case can be filed against the involved officers for planting evidence under R.A. 9165 and for violation of administrative procedures.
Human Rights Violations:
Violations of human rights during the arrest, including planting of evidence, can also be filed with the Commission on Human Rights.
Plea Bargaining:
In 2018, the Supreme Court allowed plea bargaining in drug cases, which means your father may plead guilty to a lesser offense that is bailable or subject to a lower penalty, subject to certain conditions.
Public Opinion and Media:
Sometimes, taking the case to the media can apply pressure on the authorities to act justly, although this has its own risks and should be considered carefully.
Summary:
Given the serious implications of a non-bailable drug-related offense, it's crucial to act quickly and consult a specialized lawyer. Legal avenues such as motions for reinvestigation, counter-charges, and plea bargaining may be considered to challenge the case against your father.
Note: This article is for informational purposes only and should not be considered as legal advice. Consult a qualified lawyer for personalized advice.