Saturday, November 05, 2005
Free after swallowing drugs
A trisikad driver won a shabu possession case, for lack of evidence, but the authorities claimed he had swallowed the evidence to avoid arrest.
Edgardo Bacus was the subject of a buy-bust operation in Barangay Sapang 2 on Dec. 16, 2002, after a surveillance conducted against him.
PO1 Modesto Luchavez, the designated poseur-buyer, said he approached Bacus to buy P100 worth of shabu. When Luchavez handed the money to Bacus, other policemen saw it as a signal to arrest the suspect.
Bacus noticed and tried to run away. But since Luchavez got hold of his arm, Bacus swallowed the packet containing the contraband.
Bacus was then brought to the hospital for a purgative procedure to get the pack out of his system, said Luchavez.
No tests
During his testimony, Bacus, however, denied being examined in the hospital. Yet when he underwent a drug test, the result came out positive.
Regional Trial Court (RTC) Branch 10 Judge Soliver Peras, however, ruled Bacus cannot be convicted of illegal possession of a dangerous drug because the prosecution failed to present the contraband.
“The mere fact that there is a chemistry report signifying the drug test was positive does not prove that the contents of the plastic packet which accused swallowed was shabu,” read Peras’ decision.
While Peras said Bacus’ denial may be concocted, suspicion should not sway judgment.
“Since the right to be presumed innocent is guaranteed by the Constitution, every circumstance favoring the accused must be taken into account. Proof against them must survive the test of reason,” the 12-page acquittal read.
Warrantless
Meanwhile, failure of authorities to introduce themselves as policemen during the arrest of an alleged drug user became the basis for the acquittal of Gaspar Doroña.
He was arrested on Feb. 18, 2004 after authorities received a phone call that illegal drug activities were rampant in a parking lot in Tabunok, Talisay.
When authorities reached the area, there were around 10 people talking, one of whom was Doroña.
The people in the parking lot were then asked by authorities to empty their pockets. A small packet weighing 0.04 gram of shabu fell from Doroña’s pocket.
The suspect claimed he was on his way to buy a mosquito coil when he met the cops who mistook him for a certain Dodong, a known drug pusher in the area.
RTC Branch 58 Judge Gabriel Ingles ruled, however, the arrest was a warrantless one. He also noted that testimonies of the arresting officers revealed they did not introduce themselves as policemen nor make initial inquiries to back their suspicions of shabu possession. (JGA )
(November 5, 2005 issue)
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