ILOILO City – The City Prosecutor’s Office dismissed the illegal drug possession complaint that the police filed against a 21-year-old resident of Barangay Anilao, Pavia, Iloilo.
“Na-dismiss ang case because wala sang marijuana residue nga nakuha sa aluminum foil that was earlier seized from the suspect,” said Police Captain Eduardo Siacon, Jaro police station chief.
Siacon was referring to Mike Jones Jusa whom members of the Iloilo City Mobile Force Company spotted smoking on Feb. 29 in Barangay Tacas, Jaro district.
In dismissing the complaint, the Prosecutor II Valerie Parreño-Alova noted that Jusa’s drug test result was negative for the presence of dangerous drugs.
The cops suspected Jusa to be smoking marijuana thus they arrested him and subsequently filed a complaint for violation of Section 11, Article II of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002.
“Wala na-substantiate sang police ang accusation,” Siacon admitted.
In all prosecutions for violations of RA 9165, according to Prosecutor Alova, “the corpus delicti is the dangerous drug itself.”
In Jusa’s case, the prosecutor pointed out, “probable cause not having been established, the respondent cannot be charged for illegal possession of illegal drugs.”
“Wherefore…the undersigned Investigating Prosecutor recommends the dismissal of the instant case there being no evidence to support the charge,” read part of Alova’s Inquest Resolution dated March 2, 2020.
The complaint was filed on Monday, March 2, at around 2 p.m., Siacon said, and it was dismissed several hours after.
Jusa was subsequently released from detention at the Jaro police station.
The police sent an official spot report about Jusa’s Feb. 29 arrest to Panay News on March 1 at around 12:08 p.m. The news about it came out the next day, March 2.
According to Jusa’s family, they were mulling to countersue the police for illegal detention./PN
