Juanito Remulla III
JUSTICE Secretary Crispin Remulla’s son Juanito has been acquitted of illegal drug possession charge by a Las Piñas Regional Trial Court on Friday.
On Octobert 11, Juanito was nabbed during a controlled delivery operation by the Philippine Drug Enforcement Agency and the Ninoy Aquino International Airport Inter-Agency Drug Interdiction Task Group at Talon Dos.
In a 34-page decision, the Las Pinas Regional Trial Court Branch 197 said there was no clear evidence that Remulla had “freely, consciously, and with full knowledge possessed the alleged seized illegal drugs.”
“There is reasonable doubt that the accused received and possessed the parcel delivered to him with the knowledge, consciousness, and awareness that said parcel contained marijuana,” it said.
Further, the court said that the acceptance of a package during a controlled delivery is not enough to show that the recipient is engaged in unlawful activity.
“Unfortunately, apart from showing that the package or parcel was handed to the accused, the prosecution did not present other evidence to show that the former knew that it contained marijuana,” it said.
The court also said that based on the statement from a Customs examiner, it could be inferred that the parcel had possession of the parcel as early as September 28, 2022. The parcel was then turned over to the customs examiner on October 4.
“As to the effect, however, it has put into question the identity, integrity, and evidentiary value of the purportedly seized dangerous drugs. This is especially true when there is nothing in the records that would show how the parcel… was handled, stored, and preserved from the time it was discovered on September 28,” it said.
While law enforcers enjoy the presumption of regularity in the performance of their duties, the court said this cannot prevail over the constitutional right of the accused.
“This is especially true when there are lapses, such as those present in this case. When there are glaring lapses or irregularities on the part of the law enforcers, the presumption of regularity usually accorded to the latter is effectively destroyed or immediately negated,” it said.
Atty. Pearlito Campanilla, one of Juanito’s counsel, said the court acquitted his client due to issues with the chain of custody of the evidence.
“Doon po mismo sa mga affidavit of arrest at sa testimony mismo ng mga PDEA agent, inanim nila na nung dumating ‘yung parcel sa bahay ni Mr. Remulla, sinabi niya hindi ko ine-expect ‘yan,” Campanilla said.
Meanwhile, Campanilla dismissed possible speculations that Juanito was cleared because he is the Justice Secretary’s son.
“This is not a court of public opinion,” he said.
