Wednesday, March 9, 2011
FOR allegedly making up proof against suspected drug pushers, the police chief of Danao City was recommended to be charged with an administrative case.
The legal department of the Cebu Provincial Police Office (CPPO) suggested to the Police Regional Office (PRO) 7 that Danao City Police Station Chief Eddie Recamara be charged with conduct unbecoming of a police officer and less grave neglect of duty.
Insp. Julius Ompad, legal department chief, said Senior Supt. Louie Oppus, CPPO’s officer-in-charge, signed his recommendation letter against Recamara and PO1 Frederick Gomez, PO3 Pedro Borinaga, and SPO1 Allan Muñoz.
Ompad said he saw probable cause in the complaint filed by Danao City Prosecutor Jose Dionesio Kyamko against Recamara and company.
Kyamko filed a complaint against Recamara at the Provincial Investigation and Detective Management Branch (PIDMB) of the CPPO last Feb. 25. He alleged that Recamara made up evidence against detainee Rowena Lavador, a suspected drug pusher.
He said one of his staff, Paulino Barriga, was also forced to sign an inventory receipt, which will be used in the filing of a drug pushing case against Lavador.
Kyamko further alleged that Recamara’s group presented as proof pictures used in cases previously filed in court.
Recamara denied Kyamko’s allegations.
Kyamko and Recamara reportedly argued last Feb. 23 inside the prosecutor’s office after the latter accused Kyamko of acting like a “defense counsel” of Lavador, 42.
Lavador, in an earlier report, was arrested last Feb. 18 at 10:30 p.m. in Barangay Poblacion, Danao City on the strength of a search warrant issued by Regional Trial Court Branch 28 Judge Marilyn Yap.
The argument occurred after Recamara allegedly got mad when a prosecutor’s clerk did not sign a new inventory receipt, which included the drug selling case against Lavador.
Recamara said he sent PO1 Frederick Gomez and PO3 Pedro Borinaga last Feb. 23 to the Danao City Prosecutor’s Office to file drug selling and possession cases against Lavador.
Kyamko, according to Recamara, refused to accept the drug selling case, which is non-bailable, because it lacked Barriga’s signature. But Kyamko accepted the bailable drug possession case.
The sale and possession of dangerous drugs violate Sections 5 and 11 of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002. Under this law, the sale of dangerous drugs is punishable by life imprisonment, as well as a fine ranging from P500,000 to P10 million.
Barriga’s signature is not essential to the case, Recamara said.
“No inventory receipt was needed for the inquest (proceeding),” Recamara said in a phone interview.
He said a prosecutor’s manual issued by the Department of Justice on 2008 stated that in filing a drug case, only the laboratory examination result, photocopy of the buy-bust money and affidavit of the poseur buyer are needed.
Recamara said he will file his counter-affidavit once he receives the letter.
Published in the Sun.Star Cebu newspaper on March 09, 2011.
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