Elderly drug suspect who died under police custody faced charges in court -court records

An old man who died while in the custody of the Manila Police District (MPD) is already facing a drug case in court, contrary to reports that he remained in detention despite the dismissal of the charges against him.

Api Ang, 61, and three others were arrested on November 21, 2016 in a police raid at his unit at Good Life Hotel in Sta, Cruz, Manila.

Seized from the raid were illegal drugs, drug paraphernalia and ammunition.

Reports said the criminal complaint against Ang was dismissed by the Manila Prosecutor's Office and was subjected to automatic review before the Office of the Secretary of Justice.

However, Ang remained locked up in jail until he died last April.

Aguirre had already tasked the National Bureau of Investigation (NBI) to look into the arrest and death of Ang and ordered Manila City Prosecutor Edward Togonon to explain the reasons and circumstances surrounding the old man's continued detention.

Records from the Manila Prosecutor's Office, however, seem to justify Ang's continued detention as he was already charged with cases for possession of illegal drugs and violation of the Comprehensive Law on Firearms and Ammunition (Republic Act 10591).

The cases were filed before the Manila Regional Trial Court on February 9, two months before his death due to acute coronary syndrome.

Ang's indictment stemmed from the January 30 resolution by the Manila Prosecutor's Office which said that there was "no doubt that Ang exercised control and dominion over the place where the alleged illegal drugs and ammunition were recovered."

"As admitted by him, he is a resident of Room 201," the resolution stated.

"However, as regards the case for violation of Section 12 of RA 9165 (Comprehensive Dangerous Drugs Act), the same is recommended for dismissal as it was not clear from the records of the case that the alleged recovered aluminum foil in Room 201 was indeed positive for traces of illegal drugs," it added.

The MPD, which acted as complainant, also failed to prove that the drug paraphernalia found in another hotel room was owned by Ang.

"In fact, the administrator of the building where all respondents were arrested stated under oath that Ang and his family have never occupied nor rented Room 208 immediately prior and/or during the search of the place. Complainant police officers likewise failed to prove that Ang was at Room 208 when the same was searched," the resolution stated.

The complaints for violation of RA 9165, RA 10591 and obstruction of justice against Betty Chan, Luz Chan, and Henry Go Bernales were dismissed for insufficiency of evidence.

The resolution was prepared by Assistant City Prosecutor Mary Grace Moises-Bajarias and approved by Deputy City Prosecutor Joselito Obejas and Togonon. —ALG, GMA News