Marion Lasola Villavelez was arrested by a team of policemen from the Talisay police station in barangay Linao, Talisay, on the evening of October 30, 2004 for allegedly selling drugs.
PO3 Remberto Empeynado testified that from his location a few meters away from the house of Villavelez, he saw the latter talking to the poseur-buyer in front of the door of the house.
After the poseur-buyer handed Villavelez the marked money, Villavelez stepped back into the house.
Seconds later, a hand was seen giving something to the poseur- buyer and the latter performed the pre-arranged signal for the team to rush up and they successfully arrested the accused.
The prosecution failed to present the poseur-buyer to prove that it was Villavelez who sold to him the incriminating evidence.
"It is not clear whether the pack of dangerous drugs really came from the accused and delivered to the poseur-buyer. Further weakening the case for the prosecution is the admission of PO3 Empeynado that it was only after 15 minutes from the arrest of the accused that the poseur-buyer turned over the pack of shabu to the police," said RTC judge Gabriel Ingles.
According to Ingles, such a considerable gap from the time of the alleged transaction to the turn-over gives more than sufficient time of the poseur-buyer to tamper with the evidence and especially in this case where the arresting officers were not certain that the accused supposedly delivered to said poseur-buyer," the court ruling read. - Rene U. Borromeo