Las Piñas court acquits Juanito Remulla in drug possession case

A Las Piñas Regional Trial Court on Friday acquitted Juanito Remulla III, the son of Justice Secretary Jesus Crispin Remulla, of illegal drug possession charge.

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, Las Piñas on October 11.

The younger Remulla had pleaded not guilty to the illegal drug possession charge.

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.

‘Chain of custody of evidence’

LOOK: Juanito Remulla III leaves the Las Piñas City Jail hours after he was acquitted of illegal drug possession charges | @joahnacasilao pic.twitter.com/McPvv4WWHa

— GMA News Breaking (@gmanewsbreaking) January 6, 2023

Wearing sunglasses and a black shirt, Remulla was able to leave the Las Piñas City Jail hours after the court handed down its decision.

He did not give any comments to the media and headed straight to a vehicle.

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, inamin nila na nung dumating 'yung parcel sa bahay ni Mr. Remulla, sinabi niya hindi ko ine-expect 'yan," Campanilla said.

(In his affidavit of arrest and the testimony of the PDEA agents, they admitted that Mr. Remulla was not expecting the parcel when it arrived at his house.)

"And nung tinanong siya, kilala mo ba ‘yung shipper na si Benjamin Hopman, ang sabi niya, hindi ko kilala 'yan,” he added.

(And when he was asked if he knew the shipper, Benjamin Hopman, he said he did not know him.)

Campanilla said Juanito also provided an ID with the name Juanito Jose Remulla III when receiving the package, while the shipping form contained the name Jose Juanito Remulla.

He said Juanito was made to hold the box before he was arrested.

"Hindi pa niya alam kung ano yung nakalagay sa loob ng box, hinuli na siya, inaresto na siya," the lawyer said.

(Juanito did not even know what's inside the box when they arrested him.)

Campanilla also said that there was no delivery boy and that the package was handed to Juanito by the PDEA agent.

Immediate release

Following the court's decision, the defense panel said they would move for Remulla’s immediate release.

"[W]e shall endeavor to immediately secure the release of Joey Remulla from detention. His freedom comes as a matter of course, the logical and legal consequence of his being found innocent," Campanilla said.

Aside from his illegal drug possession case, Juanito is also facing complaints for importation of dangerous drugs and violation of the Customs Modernization and Tariff Act before the Pasay City Prosecutor’s Office. 

Campanilla said they are also confident that Remulla will be acquitted of charges of importation of drugs.

"There is the remaining matter of the second case filed against him, that is illegal importation but we are confident that the same will be given the same treatment as with this case," he 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.

Justice Secretary Remulla said he did not interfere in the case. 

“I did not interfere in any way in the process. I trusted the process and I wish my son further redemption in the future,” he told reporters.

In a statement, the PDEA said it would study the decision even as it conceded that the court was in the "best position to rule on the merits."

"With utmost respect to the court's decision, PDEA will carefully study the reasons behind the exoneration, and exercise due diligence in the conduct of similar operations in the future," the agency said.

"The court has seen both sides of the case and is in the best position to rule [on] the merits." —KBK/RSJ/VBL, GMA Integrated News