Man acquitted of drug charges-A A +A
Friday, September 7, 2012
THE Regional Trial Court (RTC) Thursday acquitted a man arrested for illegal drugs in 2004.
In her decision, RTC Branch 9 acting presiding judge Rowena Apao-Adlawan acquitted Jefferies Atillo Ibañez of the two drug charges filed against him after the prosecution failed to prove the case "based on the infirmities found in the chain of custody rule."
Ibañez was charged for violation of Republic Act 9165 (Comprehensive Dangerous Dugs Act of 2002).
Ibañez was arrested in a buy-bust operation in Ladislawa Village, Buhangin, Davao City on October 31, 2004.
Recovered from his possession were two packets of shabu weighing 0.0698 grams and 0.0385 grams, and a P100 marked money.
"The prosecution relied on its belief that stipulations were made in so far as the testimonies of those persons who come into the link of the chain or who have come in contact with the prohibited drugs," the decision read.
It added that there were gaps between the delivery of the seized drugs to the crime laboratory and the forensic chemist conduct of the examination.
It said that it was not explained as to what happened to the drugs while it was already in the crime laboratory before the forensic chemist examined the drugs.
The court reiterated that in handling out a judgment of conviction, proof beyond reasonable doubt is required.
Adlawan ordered the release of the accused from Davao City Jail.
Published in the Sun.Star Davao newspaper on September 07, 2012.