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Monday, June 12, 2006
Appellate court clears 3 Chinese, 1 Pinoy of drug case
THE Court of Appeals (CA) has ordered the release from jail of three Chinese nationals and a Filipino sentenced to reclusion perpetua by the Makati Regional Trial Court (RTC) in 2001 for possession of some 30 kilos of shabu with a market value of P2 million.
Associate Justice Regalado Maambong of the CA Seventh Division acquitted appellant Chinese nationals Sai Man Kwok, Chi Sing Law and Daniel Cua and Filipino Paterno Sebastian of drug charges.
The CA said the Makati RTC overlooked the violation committed by the police who arrested the four without warrant of arrest and conducted search and seizure without prior court order.
It further ruled that the evidence presented against the accused were inadmissible since these were obtained illegally.
"We thus find several inconsistencies and improbabilities in the testimony of the prosecution's witnesses and therefore reject the finding of the trial court that accused-appellants were arrested in a legitimate buy-bust operation," the CA said.
"Under the circumstances, with the alleged confiscated drugs excluded as evidence for the prosecution, there remains no other evidence on record as against the drug-peddling activities of the accused-appellants. Needless to state, there is no sufficient evidence to convict the accused-appellants," the appellate court added.
The CA said it is clear from the evidence that no consummated sale took place because there was no exchange of money and illicit drugs, and that the prosecution failed to establish the identity of the buyer and seller, and the delivery of the drugs as well as the payment.
Court records showed that the petitioners were arrested on May 13, 2000 at the City Garden Hotel in Makati City while transacting with an undercover policeman for the sale of five kilos of shabu worth P2 million.
Based on the testimony of prosecution witness police officer Susan Tomaob, she was ordered to conduct surveillance on Cua's activities in April 2000 after receiving information that Kwok and Law will be arriving the next day to meet with Cua.
Tomaob then reported the information to her commanding officer who immediately formed a team to be led by her to conduct a buy-bust operation.
She said Cua fetched the two Chinese nationals at the airport and proceeded to the City Garden Hotel. The lady police officer claimed she arranged a buy-bust operation with the help of her informant who introduced her to Cua.
During his conversation with Cua, Tomaob said she told him that she wanted to buy five kilos of shabu. Cua then told her to return to the hotel on the evening of the same day.
Tomaob further testified that she returned to the hotel together with her team where they were met by Sebastian and Cua and proceeded to Room 726 of the hotel where the two Chinese nationals were billeted.
Tomaob said Cua went first inside the room and when they saw him holding something they decided to introduce themselves as police officers and immediately search the room.
The police officers claimed that they were able to recover two black bags containing shabu.
On May 29, 2001, the Makati RTC Branch 66 sentenced the four accused to reclusion perpetua and ordered to pay a fine of P5 million each.
But the CA ruled that the testimonies of prosecution witnesses failed to establish that Kwok and Law and the poseur-buyer talked to each other before the turnover of the money and bag containing shabu. (ECV/Sunnex)
(June 12, 2006 issue)
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