Regional Trial Court judge Gabriel Ingles rejected the defense of 28-year old Arnel Patigdas, that policemen allegedly "planted" the evidences insisting that nothing illegal was recovered from him when he was arrested.
Patigdas, a bachelor residing at sitio Lawis in Pasil, said he was only walking to his parked trisikad when policemen suddenly held him and frisked him for illegal items. They found nothing, he said.
Judge Ingles ruled however, "It is difficult for this court to believe that the police officers simply arrested the accused then planted the incriminating evidence on him out of mistake."
The court noted also that there had been no ill motive between Patigdas and the arresting policemen that would drive the latter to "plant" or fabricate incriminating evidence against the accused.
"This court finds that the prosecution succeeded in establishing beyond reasonable doubt that Patigdas did possess the small plastic pack containing methamphetamine hydrocloride or shabu immediately before his arrest," Judge Ingles said in his 9-page decision.
Policemen Rogelio Castañeda, Elmer Abelgas and Willard Selibio narrated they were conducting surveillance against illegal activities in Pasil on the afternoon of November 17.
Shortly after, they spotted a man they later identified as Patigdas holding a plastic pack that he dropped immediately upon seeing them, the policemen said.
The lawmen quickly arrested Patigdas knowing that the white powdery substance inside the small plastic pack he dropped was shabu.
The plastic pack was later submitted to a laboratory test and forensic chemist Jude Mendoza confirmed that the content was shabu. - Rene U. Borromeo/RAE