Pubdate: Fri, 18 Aug 2000 Source: Manila Bulletin (The Philippines) Contact: Muralla corner Recoletos Sts., Intramuros, Manila Fax: 527-7534 Website: http://www.mb.com.ph/frntpage.asp Author: Rey G. Panaligan DOJ DISMISSES DRUG CHARGES VS ASISTIO SON The Department of Justice (DoJ) dismissed yesterday the drug trafficking charges filed by the police in court against Luis ''Piting'' Asistio Jr., son of Caloocan City Rep. Luis ''Baby'' Asistio, and two of his alleged cohorts during the April 5 drug buy-bust operation conducted by the city police. In a 22-page resolution, the DoJ upheld the findings of the National Bureau of Investigation (NBI) that there were irregularities committed by the police in the conduct of the drug buy-bust operation. Also dismissed by the DoJ were the drug trafficking charges filed against Ricardo Garcia and Ronel Rivera. The charges against Rosario Ortega, young Asistio's alleged live-in partner who was also present during the buy-bust operation, had already been dismissed during the inquest proceedings. Aside from the drug trafficking charges, the case of illegal possession of firearms against the young Asistio was also dismissed by the DoJ which ruled that in the absence of independent physical evidence, the case becomes doubtful since the .45 caliber pistol was recovered only near Asistio who fell on the ground. With the dismissal of the charges, Chief State Prosecutor Jovencito Zuno directed State Prosecutor Philip Aguinaldo to move for the withdrawal of the criminal charge sheets filed before the Caloocan City regional trial court (RTC). But the charge against Rivera for possession of one roll of marijuana that had been filed in court after the inquest proceedings stays as "there is no ground to modify or reverse the findings of the State Prosecutor Richard Fadullon who conducted the inquest." Due to lack of evidence, the charges for robbery and trespassing filed against senior police officer 3 (SPO3) Conrado Cortez, Chief Inspector Rex dela Rosa, and a certain Inspector Marse were also ordered dismissed by the DoJ. The frustrated homicide case filed against Chief Inspector Rhodel Sermonia was upheld by the DoJ. It was found that it was Sermonia who fired several shots at the young Asistio. The NBI found that the young Asistio and Ortega were shot at close range and were fired upon even when they were already retreating to their apartment. "As found by the NBI, the buy-bust operation was irregular and obviously contrary to the usual procedure observed by law enforcers. There were apparent lapses in the buy-bust operation which seriously cast doubt as to the legality and propriety of the police operation," the DoJ said in its resolution. - --- MAP posted-by: Doc-Hawk