Man convicted for possessing shabu

A court sentenced a resident of barangay Ermita to 12 years imprisonment after it found him guilty of possessing illegal drugs four years ago.

Regional Trial Court judge Silvestre Maamo Jr. ruled that the prosecution had successfully proven the guilt of Danilo Empuerto who was arrested by the Ermita barangay tanods on May 31, 2004.

The tanods were patrolling around 5:30 a.m. when they saw Empuerto, who appeared to be uneasy and was sweating profusely, came out of the interior portion of the barangay. But when Empuerto was invited to the tanods' office, he reportedly voluntarily surrendered a heat-sealed pack of shabu.

The tanods then filed charges against Empuerto after the police crime laboratory issued a certification that the white crystalline substance submitted for examination was indeed shabu.

Maamo said the testimonies of tanod Sixto Sueman were more credible than the defense of the accused. "There is absolutely no showing that he has any reason to falsely testify against the accused."

Meanwhile, RTC judge Gabriel Ingles yesterday cleared a resident of Villa del Rio, barangay Talamban from charges of possessing 57 grams of shabu after the prosecution failed to prove his guilt beyond reasonable doubt.

The personnel from the Cebu City Police Office intelligence division confiscated the five packs of shabu when they searched the house of Elmer Nabua on December 13, 2005 by virtue of a search warrant issued by the court.

But the accused claimed that his guest from Manila occupied the room in his house where the shabu was reportedly seized during the raid.

One of the police raiders, PO2 Jonas Tahanlangit, admitted that while they were searching the room, a Tagalog-speaking woman would frequently enter and take some of her personal belongings.

"In other words, there is evidence which proves that the room where the dangerous drugs were recovered could not have been, at that time of search, under the exclusive or even shared dominion and control of the accused with his visitor or could at least create that doubt," Ingles ruled. - Rene U. Borromeo