Sunday, November 25, 2007 Househelp cleared of illegal drug raps
SAYING her arrest was illegal, the court acquitted a female househelp who faced charges for possession of illegal drugs.
In dismissing the charges against Imelda Degamo, Regional Trial Court (RTC) Judge Gabriel Ingles explained that the warrantless arrest of Degamo sometime in August 2005 was improper.
Consequently, the shabu supposedly recovered from her cannot be used as evidence.
The court also said that the investigation under custody conducted against Degamo was invalid as she did not have a lawyer.
Degamo was arrested by the barangay tanods of Ermita at 2 a.m. of Aug. 16, 2005.
Tanods Ernesto Dela Rama, Edna Nepomuceno and Pablo Tampus narrated to the court that they were then on duty when they received information that a woman bought shabu in Ermita and will be passing by the barangay hall.
Woman confronted
A few minutes later, a woman fitting the description given by the informant passed by on a tricycle.
When confronted, the woman later identified as Degamo allegedly surrendered the .10 grams of shabu in her possession.
Degamo, for her part, testified that she was in the vicinity to play video carrera and was on her way home when she was stopped upon passing by the checkpoint conducted by the tanods.
She denied that the shabu was taken from her possession.
After hearing both sides, Ingles said assuming that the statements were true, the arresting officers did not have any personal knowledge at the time of the arrest of the accused that she was in possession of dangerous drugs.
The court noted that it was only after Degamo was invited inside the barangay hall that the tanods knew that she was committing a crime, after investigating her without the benefit of counsel.
The court also said that the statement of the tanods that Degamo voluntarily surrendered the shabu to them is impossible.
“The mere presence of the tanods with her inside the barangay hall and the absence of an assisting counsel shows that the setting itself is coercive,” read Ingles’ decision. (KNT)
