8 drug cases, 1 rape case thrown out by court

Eight drugs cases and a rape case have been thrown out of court since last month.

Regional Trial Court Branch 58 judge Gabriel Ingles recently acquitted Michael Gimeno Medalle of drug charges after he was arrested after allegedly selling 0.05 grams of shabu to an undercover policeman March 22 last year.

Ingles, in his decision dated yesterday, said the prosecution witnesses policeman Patrick Mumar and team leader Elmo Rosales were not able to identify the evidence as the very same drugs supposedly purchased from Medalle.

"In other words, no connection had been established between said dangerous drugs and the accused," Ingles added.

Earlier, RTC Branch 15 judge Fortunato de Gracia Jr., acquitted Francis Philip Nacar and Elizardo Pacaña from their three consolidated cases, which were heard in his court.

The two were arrested last January 22, 2003 for allegedly selling 0.13 grams of shabu to a poseur-buyer and having other packets of shabu. Their arrest was without a warrant.

Last month De Gracia also cleared Juan Velez and Eugene Yu Alegre who were arrested last January 4 inside a pension house in barangay Capitol Site.

De Gracia said the police, who allegedly seized six packs of shabu weighing 885.05 grams and another two packs weighing 189.04 grams, entered "without authority of law" and that their arrest was "unlawful" making the physical evidence recovered "not admissible in evidence in any court of law."

Another judge, this time RTC Branch 24 Olegario Sarmiento Jr. also cleared Noel Cañete of raping a six-year-old girl after the mother of the complainant failed to continue representation during the prosecution of the case.

Also, RTC Branch 10 presiding judge Soliver Peras also freed Elvin Fernandez who was allegedly caught sniffing shabu on the night of May 3, 2003.

He said it would be impossible for those people whom the police alleged of sniffing shabu not to see them coming.

And just late last week Ingles also dismissed a drug case against Geralyn Montecillo seeing no proof that she intended to pocket the pack of shabu she allegedly found during the arrest.

He also acquitted Bryan Cortez Alfanta, a self-confessed snatcher, from a drug case because the arrest was not valid in the first place.

Ingles said that although the prosecution witnesses and policemen had a "common story" he still found it difficult to believe that somebody can be so careless to examine what can be easily perceived illegal in the presence of lots of people.

These arresting officers told the court that they saw him examining a pack containing shabu in sitio Baho, barangay Ermita, while there were lots of people around. - Liv G. Campo