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Friday, February 13, 2004
Convicted in borrowed shoes
By Giovannie A. Nilles
Sun.Star Staff Reporter
NOT expecting a conviction, an auto mechanic showed up at the Regional Trial Court (RTC) yesterday in borrowed Nike shoes, neatly pressed denim pants and clean white shirt.
But Fritz Desoyo’s smile faded when RTC Judge Fortunato de Gracia Jr. found him guilty of possession of 0.48 grams of shabu in August 2002 and sentenced him to six years and one day to eight years.
“Huboa na lang nang imong sapatos ug karsones dong kay di na gyud na mabalik nimo (You might as well change your shoes and pants),” a court employee said, explaining that these will surely be taken by inmates at the Bagong Buhay Rehabilitation Center.
Packed lunch
She added that it would be better for Desoyo to be wearing something less fashionable or something older.
Clerk-of-court Socorro Perpetua Belarmino also handed him a packed lunch, as Desoyo would no longer be served food in jail as it was past mealtime.
Although Desoyo could have avoided serving his sentence because he still has 15 days to file either a motion for reconsideration or an appeal, he gave himself up to a policeman yesterday.
“Posasi na lang ko, sir (Just handcuff me, sir),” he told the officer.
Another court employee pointed out that Desoyo’s lawyer (name withheld as Sun.Star failed to get his side) immediately left after the promulgation without saying if he is going to ask for reconsideration or file an appeal.
Desoyo, 24, was arrested at a checkpoint by members of the Punta Princesa police on Aug. 1, 2002. He was riding a motorcycle-for-hire driven by Alfeo Rama when they were hailed by police.
(Rama was caught carrying a revolver and was subsequently charged.)
Senior Insp. Benedicto Orbase testified that they did not suspect Desoyo to be carrying illegal drugs until they asked him to show them his pockets. Eight small packs of shabu then fell to the ground.
Desoyo denied these were his. He said five of them were on two motorcycles and that police recovered illegal drugs from two of his companions but not from him.
He said police included him in the charge to teach him a lesson.
In another case, Judge de Gracia acquitted Bienvenido Villegas of selling drugs to a police asset on Oct. 13, 2001.
Villegas was caught in a buy-bust made by members of the Guadalupe police.
But Judge de Gracia did not give weight to the testimonies of Inenieto Bactol and SPO4 Renero Agustin, describing the buy-bust as an attempt at extortion.
Slippers, liquor
He believed in Villegas’ contention that his arresting officers were only wearing slippers and that they smelled of liquor during the arrest.
Villegas alleged that he was asked to produce an amount lesser than P60,000 to settle the matter. When he failed to come up with the amount, he was then charged in court.
“When a policeman in shabby and unkempt attire, extorts money from ordinary citizens in a public street, and failing, files a case and in so doing, prevaricates and reinvents the facts to fit his diabolical scheme, it is incumbent on the court, nay, it is its duty to protect the unwary citizen from such denizens,” the ruling read.
(February 13, 2004 issue)
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