Friday, June 23, 2006
Drug offender meted life term; 3 acquitted
By Jimmy P. Abayon
ONE of Dumaguete City's major illegal drug trafficker was meted a life term, but three others including a couple, were freed by Judge Rafael Crescensio Tan Jr. on June 17.
Meted the life sentence was Charlie Misamis as the court found him guilty for selling shabu, illegal possession of prohibited drugs, and possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs as provided for in the Comprehensive Dangerous Drugs Act of 2002.
The court fined Misamis P500,000 for selling 0.05-gram shabu. P300,000 for illegal possession of 0.38grams shabu, and P10,000 for illegal use of drugs paraphernalia.
The convict was arrested on September 16, 2003 in a buy bust operation in Barangay Poblacion 2.
In a separate hearing on the same day, Tan acquitted couple Romulo Tano and Rosemia Tano, of Colon Street, Dumaguete City and another suspect identified as Romeo General.
General was acquitted from the charge of illegal possession of two 0.06-gram shabu because of defective search and seizure conducted by the drugs enforcement authorities.
The couple were arrested on February 28, 2003 in their house for allegedly conspiring by throwing outside the window 30.82 grams sachets of shabu and possession of P63,822.25 cash money believed to be the proceeds of the crime during an illegal drugs raid.
The Tano couple and General were charged by the court for violating the Comprehensive Dangerous Drugs Act of 2002.
However, the judge doubted the conduct of the search explaining that the prosecution witness failed to testify on who, when, what, and how they executed the search.
Tan said he could not find any testimonial evidence to show that the couple, particularly Rosemia, was informed of their constitutional rights during the arrests.
Moreover, Tan ruled that the prosecution failed to present direct or circumstantial evidence to establish a conspiracy between the accused.
(June 22, 2006 issue)
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