In a seven-page decision, Regional Trial Court Branch 28 judge Gabriel Ingles acquitted Levy Carin Tan for "lack of proof beyond reasonable doubt."
During the trial of the case, prosecution witnesses PO3 Ariel Coloscos, PO2 Gerly Salimbangon and PO1 Renan Chiva testified that at around 7 p.m. on September 23, 2003, they conducted a buy-bust operation at Tan's residence in sitio Lawas, Alaska Mambaling.
Coloscos, who acted as the poseur-buyer, said that his companions seized three packs of suspected shabu and a .38 caliber revolver with two live ammunitions after he handed the P100 marked money to the accused.
But Chiva, during his testimony, said that other than the confiscated items, two video karera machines previously owned by Coloscos were found inside Tan's house.
Tan also told the court that the video karera machines found in his house were owned by Coloscos.
He said that his failure to remit the gambling machines' proceeds could have irked and prompted Coloscos to file the drug case against him, aside from the two cases for possessing illegal gambling machines and illegal possession of firearm.
Coloscos, for his part, denied he owned the video karera machines, saying that it was only during Tan's arrest that he first saw the accused.
However, Ingles was not convinced with the prosecution's testimonies that the accused really sold shabu to Coloscos. The judge credited Tan's testimony when the accused told the court that Coloscos had been to his place several times prior to his arrest.
The court also took notice of Chiva's testimony that the video karera machines found inside Tan's house were formerly owned by Coloscos.
The acquittal of the accused was also attributed to the prosecution's failure to present the supposed informant to support the testimony of Coloscos.