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Saturday, September 02, 2006
2 drug suspects convicted; 1 acquitted
By Neil C. Rio
THE Regional Trial Court (RTC) in Negros Oriental recently convicted two illegal drug suspects but acquitted another one because of reasonable doubt.
RTC Judge Rafael Cresencio Tan Jr. sentenced Querubin Liboon and Care Tayo to a 12- to 14-year jail term and fined them P300,000 for violating the Comprehensive Dangerous Drugs Act of 2006.
In the same hearing, Judge Tan acquitted suspect Betty Yuta alias "Beauty" on a charge for illegal possession of 0.04 grams of shabu.
The judge said reasonable doubt existed on the manner of her arrest and the inadmissibility of several pieces of evidence when she was allowed to sign documents without the presence of a lawyer.
Tan said the complainants failed to present evidence that Yuta was warned that the evidence could be used against her.
He said the receipt she signed was inadmissible because it violated Yuta's right to remain silent.
In all, Tan added, the court was not convinced that the prosecution had sufficiently established the guilt of the accused beyond reasonable doubt.
On the other hand, the court found Liboon guilty beyond reasonable doubt for illegal possession 0.12 grams shabu.
Tan said the court gives much weight to the testimony of the police officers who were presumed to have acted regularly in the performance of their official functions because of the lack of a clear and convincing proof that they were motivated by ill will.
He said the straightforward and positive testimony of the arresting officer carried more weight that the testimony of the accused.
Tayo was found guilty beyond reasonable doubt for illegal possession of 0.05 gram shabu.
The judge said the arresting officers caught him holding one heat-sealed plastic sachet containing suspected shabu and tinkering with it with his finger.
It is apparent, Tan said, that the accused had power and control over the plastic sachet and its content.
(August 31, 2006 issue)
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