Clash in testimony sets drug suspect free

Regional Trial Court Branch 58 presiding judge Gabriel Ingles acquitted a man from a drug charge after finding loopholes in the testimonies of the arresting officers.

"Mere running away from them does not constitute a crime," explained Ingles, adding that there was no proof that the accused had just committed any offense.

Nelson Ling, alias "Albia", was arrested on September 29 last year after he was allegedly caught with a packet of shabu weighing 0.04 grams.

Arresting officer PO1 Antonio Din, who was a prosecution witness, said they received a phone call at the Punta Princesa police station that Ling, whose warrant of arrest for robbery was yet to be released, was seen in Katipunan Street.

Din said he and PO1 Bienvenido Arlan went there and saw him run away as he spotted them. After they caught him following a brief chase, Din said, they recovered three live bullets of a .38 cal. revolver and a packet of shabu from Ling.

In his testimony, Arlan later said it was the station's desk officer who informed them about trouble involving Ling and another person. He never mentioned anything about a chase but said they only went to Ling's house and arrested him.

Because of the conflicting testimonies of the two prosecution witnesses, Ingles said it is not clear whose version is correct.

Although, he still found "nothing in their testimonies that would show that the accused was attempting to commit an offense."

There was no warrant of arrest of which the prosecution said it was because the accused was caught in the act committing the crime. And because the arrest was illegal resulting to an invalid search the court dismissed the case against the accused. - Liv G. Campo