In convicting Melchor Dimaymay, 36, Judge Gabriel Ingles junked Dimaymay’s defense that the packet of shabu did not belong to him but that of another person. He said he merely picked up the substance from the ground out of curiosity.
Dimaymay’s brother-in-law corroborated his testimony but Ingles said such testimonies, in effect, "do support the declaration of the arresting officers that they saw the accused in possession of the pack of dangerous drug."
"As regards the offered defense of the accused that he did not own the said incriminating evidence because it was merely thrown away by somebody who was running away, this court is not persuaded as such story can easily be invented," Ingles said.
Between the affirmative testimonies of the arresting officers and the self-serving assertions of the accused, Ingles said the court is more inclined to believe the arresting officers.
Authorities arrested Dimaymay during a saturation drive conducted in sitio Lawis, barangay Lorega upon receiving information that shabu was rampantly being sold in the area.
PO2 Nathaniel Sta. Ana told the court that he, another policeman, and their asset, personally saw Dimaymay curiously examining a heat-sealed plastic packet, which later on was proven to contain shabu.
Sta. Ana said Dimaymay even attempted to escape upon seeing the policemen approach him. While the packet was no longer in Dimaymay’s possession when he was placed under arrest, the same packet was found three feet away from him shortly after.  Joeberth M. Ocao/QSB