RTC judge Gabriel Ingles ruled that the prosecution failed to prove the guilt of Leny Ouano, 32, of Tabok, Mandaue City, while RTC judge Raphael Yrastorza also cleared Ma. Lourdes Petallo of the charges for possession of a pack of shabu.
Ouano was arrested after the police reportedly seized a pack of shabu from him during a warrantless search in barangay Mabolo last January 12, 2005, while Petallo was nabbed while allegedly in possession of a pack of shabu in barangay Calamba on December 18, 2000.
But both judges were not convinced by the testimonies of the arresting officers saying they noticed several inconsistencies.
SPO1 Venancio Roque Jr. and PO1 Donald Jakosalem, who used to be assigned with the Mabolo police station, testified that they were responding to a call from a concerned citizen informing them of two suspicious-looking men in sitio Mahayahay, North Reclamation Area.
Half an hour later, the policemen claimed seeing two men, one of them later identified as Leny Ouano, coming out from the thickly populated area. Ouano was reportedly holding a pack of shabu and was heard complaining that there was very little shabu inside.
When the policemen frisked Ouano, Jakosalem claimed that Roque recovered the shabu from Ouano's possession. In his defense, Ouano said it was just planted by the policemen.
But Ingles said while Roque claimed he was able to recover the small pack of shabu from Ouano, he also testified that the drugs were found on the ground the accused dropped it.
During the cross-examination, Roque was asked whether he saw Ouano dropping the pack of shabu, but he replied he did not because his line of sight was blocked by Ouano's body.
Another inconsistent testimonies of the two police officers was that Jakosalem said they were in plain clothes during the operation, but Roque said they were wearing blue T-shirts marked "POLICE" in the back.
"In fine, the credibility of the testimonies of the supposed eyewitness to the commission of the crime alleged is questionable," Ingles said.
Meanwhile, Yrastorza also said the testimonies of the arresting officers of Petallo suffered several inconsistencies.
Although he failed to mention them in his two-page decision, Yrastorza said the testimonies of SPO4 Raymund Rodriguez did not corroborate with the testimony of his fellow arresting officer Joselito Palang. - Rene U. Borromeo/BRP