The police said Cavan, a resident of sitio English, V. Rama Avenue, was arrested after selling a pack of shabu to a poseur buyer on the evening of September 24, 2003.
After his arrest, the police searched his room and claimed that they also found 12 small packs of shabu, although the suspect claimed the police planted the evidence.
Cavan said while he was standing in front of their house, the policemen came and frisked him, finding nothing.
SP01 Noel Catingub and other policemen who arrested Cavan said they were observing their poseur buyer from a distance while buying shabu from Cavan. The court dismissed the drug pushing charges against Cavan because the policemen were just relying on their asset who was not presented in court.
Cavan was convicted for keeping shabu because the policemen who raided his house had secured a search warrant before the search was conducted.
The defense tried to convince the court that the 12 packs of shabu seized by the police were just planted, but the court explained that the accusation was not supported with convincing evidence. "It has been consistently ruled that planting of evidence as a defense must be established by clear and convincing evidence because it can easily be invented," the court said. According to the court, the defense should have presented the two neighbors of the accused who were present during the raid to corroborate with Cavan's testimony. - Rene U. Borromeo