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Monday, September 16, 2019

Man nabbed in drug bust claims illegal arrest

A MAN, who is facing charges before the court after he was found possessing illegal drugs during a drug bust inside a coffee shop along Circumferential Road in Barangay 10-A, Davao City last month, claimed he was illegally arrested.

Charged with violation of the Republic Act 9165, otherwise known as The Comprehensive Dangerous Drugs Act 2002, is Diomedes Guzman Ongco, alias Jomi. He was brought to the prosecution office for inquest proceeding on July 24, 2017.

In a two-page resolution dated on August 16, Prosecutor Panfilo Junior Lovitos, found probable cause to charge the accused based on the complaint filed by Police Officer 1 Dennis Anoba, from the San Pedro Police Station.

Per allegation in the complaint, the accused sold one sachet containing methamphetamine hydrochloride, locally known as "shabu" to the complainant who acted as buyer.

The sample of the substance was confirmed to be shabu based on the issued Chemistry Report.

The urine sample of the accused was also found positive for shabu, but the accused denied the allegation in the complaint.

Ongco said there was no drug bust operation that took place.

Ongco submitted a compact disc purporting to be a closed-circuit television (CCTV) footage of the incident to back up his claim. The omnibus motion for medical check-up and for fingerprint test was denied.

The motion called for a separate investigation and a separate complaint as it appeared that the accused claimed he has been illegally arrested. He added that he was mauled and maliciously charged by the police.

Prosecution said the complaint may fall under the Anti-Torture Law, Physical Injuries under the Revised Penal Code, and of planting evidence under The Comprehensive Dangerous Drugs Act 2002 law.

But the prosecution has clarified that what ought to be resolved in the complaint are issues pertaining to the violation committed by the accused, which is selling of dangerous drugs under The Comprehensive Dangerous Drugs Act 2002.

The accused did not present any witness who could establish the authenticity and source of the CCTV recordings. He did not even disclose the person who extracted the footage.

The prosecution said it would appear that the accused just created a character and scripted out the footage. It is not even clear if those characters are personnel of the San Pedro Police Station he mentioned in his affidavit of complaint.

"Allegations of the accused with respect to the CCTV footage appear to be evidentiary which can be ventilated and elaborated in the appropriate forum," Lovitos said, adding that the drug complaint should be filed in court.
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