The Regional Trial Court yesterday sentenced to life imprisonment a 40-year-old tricycle driver who denied knowing that selling or buying shabu is a crime. Policemen had arrested Edwin Cabrera, a resident of Tangke, Talisay City, through a buy-bust operation.
In convicting Cabrera, RTC Executive Judge Fortunato de Gracia described as "unworthy of credence" Cabrera's attempt to exonerate himself from the crime by denying he was the main subject in the buy-bust operation.
Cabrera said that he merely got the shabu from a certain Rey Ocampo when three persons went to his house on September 30, 2002 and asked him to buy shabu for them worth P200. It was after he had given the substance to the three persons when police officers barged into his house and subsequently arrested him.
On cross-examination, Cabrera admitted acceding to buy shabu for the three assets but failed to tell the three assets that he was not engaged in the business of selling shabu. He denied being aware that selling or buying shabu is punishable by law.
His defense apparently failed to convince the court.
"Even as this attempt to parry culpability was an ineffective dodge, as the net effect would only serve to shift criminal liability and would not exculpate the accused, still and all, there were no corroborative proof of such and therefore viewed as unworthy of credence," De Gracia said.
In contrast, De Gracia said the prosecution has presented sufficient evidence to the court, which rightly overcame the presumption of innocence on the part of Cabrera. - Joeberth M. Ocao/QSB