The Philippine Drug Enforcement Agency is now investigating Chief Inspector Jeffferson Descallar for the alleged delay in the filing of drug-related cases in Cadiz City, which is punishable under Section 92 of the RA 9165, known as the Comprehensive Dangerous Drugs Act of 2002.

Western Visayas PDEA regional director Rolen Balquin yesterday said such charges should be filed within the reglamentary period for arrested suspects.

Balquin said he received reports and complaints allegedly about the delay in the filing of drug cases by the Cadiz police against arrested drug pushers. Section 92 of RA 9165 states that any government officer or employee tasked with the prosecution of drug-related cases through patent laxity, inexcusable, neglect, unreasonable delay, or deliberately causes the unsuccessful prosecution or dismissal of drug cases, shall suffer a maximum of 20 years imprisonment.

Descallar was recently criticized for the release of two arrested drug suspects identified as Ricardo Cayapado and Renante Aladin, after allegedly failing to file drug charges against them within the reglementary period of detention. He explained that the release of Cayapado and Aladin whose arrest on June 1 led to the recovery of shabu, estimated to have a market value between P50,000 to P100,000, was in compliance with the advice of Cadiz City Prosecutor Marcelo del Pilar.

Descallar said drug cases were not immediately filed against the arrested suspects because del Pilar was hospitalized and only reported to office on June 8.

He added that del Pilar expressed concern that Cadiz policemen may be held liable for arbitrary detention, if they do not release the suspects.

Four drug-related cases were filed by the Cadiz police against Cayapado and two against Aladin on June 11, police records show.

The case against Adelina Caceres who was able to escape during a raid at her residence in December last year, was filed only recently by the Cadiz PNP, police investigations also showed.

Balquin said there is something wrong if arresting police officers fail to immediately inquest drug cases, within the reglamentary period for detention of the arrested suspects.

Descallar maintained that he has not done anything wrong. "It is more of procedural lapses," Descallar said, referring to the failure to immediately file the drug cases.

If there is somebody frustrated by the non-filing of cases, it is we, who devoted time to arrest them and neutralize their drug peddling activities, he stressed.

The Investigation Division of the Negros Occicental Police Provincial Office is also conducting a separate in-depth probe on the release of two drug suspects.

The raid on the house of Cayapado on June 1 in Brgy. Zone 4, Cadiz City, was conducted by virtue of a search warrant issued by Sagay City Judge Reginald Fuentebella, and yielded 47 sachets of suspected shabu.*GPB

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