Drug pusher gets life, but court clears 2

The court sentenced a drug pusher to life imprisonment but acquitted two other persons after it found out that the police have lied that the accused had possessed illegal drugs upon their arrest.

Regional Trial Court judge Fortunato de Gracia ruled that Merlito Saducas is guilty beyond reasonable doubt for transporting 13 grams of shabu placed in three plastic packs on June 18, 2003.

Saducas, 45, a shoemaker of barangay Awayan, Carcar, was arrested by police together with Hipolito Abesia onboard a motorcycle while passing by a checkpoint in San Fernando town.

Abesia was earlier cleared of the charges after it was found out that he was only hired by Saducas to drive the motorcycle and has nothing to do with the illegal drug.

Police claimed that somebody from Carcar informed them about two persons who were riding a motorcycle transporting shabu to San Fernando town.

It prompted the policemen to quickly set up a checkpoint in front of their police station and flag down Saducas and Abesia when they passed by the area. The lawmen identified the two based on the description given by the informer.

"The prosecution ably and sufficiently discharged its prosecutory functions when they proved all the requisites of the offense of transportation of dangerous drugs as against the bare denials of the accused bereft of any material corroboration," de Gracia ruled.

Meanwhile, de Gracia cleared Eric Moniño and Balty Mata of the charges for shabu possession. Police arrested Moniño and Mata in separate places in Cebu City but the court ruled that there was no valid evidence to support the charges filed against them.

Policemen alleged that they arrested the 36-year-old Mata for possessing a pack of shabu near the house of a drug pusher in Villagonzalo II, barangay Tejero past midnight of March 27, 2002.

It was learned that the policemen's real target was not Mata but a suspected drug pusher named Warren Dagatan. They failed to arrest Dagatan but then nabbed Mata whom they accused of possessing a pack of shabu.

"Presented to this court is the story of a failed buy-bust. When the alleged subject was not apprehended and in his lieu, the instant accused is made to face this charge," de Gracia said.

For his part, Moniño was arrested for allegedly possessing a pack of shabu along F. Villa Road in barangay T. Padilla on January 9, 2001. But the court found out that it was not the real story.

SPO1 Romeo Gingoyon said they were conducting a follow-up operation against the suspects in a robbery incident when they sighted Moniño - one of the two suspects - at the corner of Sikatuna and T. Padilla Streets.

Gingoyon claimed that they arrested Moniño for possessing an ice pick but he resisted when they tried to bring him to the police station. Gingoyon claimed that Moniño even punched him in the mouth.

But witnesses testified that it was Gingoyon who was hit when PO2 Romeo Lausa tried punched Moniño, who immediately waved.

"Frankly stated, it all started from an unlawful arrest that turned ugly," said de Gracia who rejected the policemen's theory that Moniño was legally arrested. - Rene U. Borromeo