Convicted killer of Dizon acquitted of drug raps

The convicted killer of The FREEMAN photojournalist Allan Dizon was acquitted yesterday from a separate charge for possession of drug paraphernalia when he, along with two others, were arrested nine days after Dizon was shot dead in 2004.

Regional Trial Court judge Gabriel Ingles ruled that the arrest of Edgar Belandres, and co-accused Mariano Villarin and Gaudencio "Yeng-yeng" Perales on December 6, 2004, was illegal because the arresting policemen had neither an arrest warrant nor search warrant.

Members of the PNP Criminal Investigation and Detection Group-7 testified that they were on a hot pursuit operation against Belandres, who was pinpointed by two eyewitnesses as the one who gunned down Dizon at the north reclamation area on December 3, 2004.

As they entered the room of a house in barangay Lorega-San Miguel, the CIDG agents reportedly found Belandres, Villarin, and Perales allegedly sniffing shabu. The authorities said they also recovered from the accused some shabu-sniffing paraphernalia.

Judge Ingles reminded policemen that the law allows arrests of suspects without warrant "when an offense has just been committed and he (arresting officer) has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it."

The judge ruled: "This court is not persuaded that the arrest of the three suspects on December 6 or nine days after the commission of the crime satisfied the requisite that the crime has just been committed."

According to Ingles, the 9-day gap between December 3, 2004-the time when the police considered Belandres a suspect-and December 6-the time of the arrest-was enough time for authorities to secure the needed warrant.

Entering the house and arresting Belandres and his companions was deemed illegal act, the court ruled as it cited the Bill of Rights that provides people with the right to secure their selves and properties.

"While we may admire the zeal of the police officers in running after malefactors, yet as public officials they should always be minded that whatever they do must always be founded on the law or the rules," said Judge Ingles.

He added: "No matter how noble the intention is or how effective the means used, if not authorized by law, the effort will be futile, for we are governed by the rule of law and not by men." - Rene U. Borromeo/RAE