Monday, June 16, 2008 ‘Doubtful’ police testimonies save 3 from illegal drug cases By Jujemay G. Awit Sun.Star Staff Reporter
THREE people were acquitted in separate drug cases, with the trial uncovering some irregularities in their arrests.
Randy Rama, a nameplate maker, was charged with illegal possession of shabu.
He was arrested in the afternoon of April 6, 2006, for allegedly holding and examining a small packet of shabu that weighed 0.05 gram, just as policemen in the area were doing a routine patrol.
At least two policemen attested they saw Rama with the shabu in Villagonzalo II in Barangay Tejero.
But the policemen themselves admitted the area is their regular post where they hold several foot patrols.
This is why Regional Trial Court (RTC) Judge Gabriel Ingles of Branch 58 doubts that anybody would be so rash in conducting illegal businesses there.
“This is contrary to common experience. Thus, there is reason for this court to doubt that they caught the accused examining in the open the pack of shabu, as testified by the arresting officers,” Ingles’ five-page decision read.
The same was true for Alvin Famador, accused of selling 0.02 gram of shabu in the afternoon of Dec. 14, 2006, also in Villagonzalo II, Barangay Tejero.
Three policemen testified conducting a buy-bust operation against Fama-dor, although they failed to coordinate with the Philippine Drug Enforcement Agency (Pdea) 7. They had a tip that Famador sold shabu.
However, just like the case of Rama, policemen also admitted to having regular patrols in the area. In fact, they have already arrested six persons in the same area in different buy-bust operations.
“This court cannot believe that they succeeded in the buy-bust operation under the circumstances they describe because common human experience shows that the presence of known policemen in an area supposedly rampant for illegal drug trade could have burned out said operation,” read the court’s ruling acquitting Famador.
Massage therapist Maria Isabela Gomez was also acquitted for possession of 0.01 gram of shabu. She was arrested in the afternoon of March 30, 2007 near the Perpetual Succor Hospital. She was just sitting on a bench.
Policemen testified they received a tip from a concerned citizen about a woman in possession of shabu. Gomez matched the description of the woman so the policemen forced open her palm where, they said, the shabu was recovered.
Gomez’s mother and daughter attested to the massage therapist’s innocence.
Gomez’s daughter Sandra Duran claimed that the arresting policemen offered to drop the case against Gomez if they paid P20,000, later reduced to P12,000.
The bribery attempt wasn’t proven but Judge Ingles ruled that Gomez was arrested while she was not in commission of a crime.
“Knowledge of the commission of the crime in one’s presence must precede the arrest,” ruled the judge.
