Gikulata una pa lubaa-patay
In what seemed to be an ironic case against a drug suspect, the court cleared a woman from charges of selling shabu after it found unlikely for her to sell the substance to someone whom she knew could arrest her.
Cleared from the drug charge was Maridel Gile, a resident of
But Gile only had this defense - she could not have sold shabu to authorities whom she already knew beforehand, something that Regional Trial Court Branch 58 Judge Gabriel Ingles believed.
Gile said she specifically knew PO3 Cirilo Luague, the policeman who supposedly posed as the poseur-buyer. She reportedly met him in June 2005 at the city prosecutor’s office because Luague was among those who arrested her live-in partner, also for alleged selling of shabu.
“However, when the prosecution has succeeded in discharging the burden of proof by presenting evidence sufficient to convince the court of the truth of the allegations in the information or has established a prima facie case against the accused, the burden of evidence shifts to the accused making it incumbent upon him to adduce evidence in order to meet and nullify, if not overthrow, that prima facie case,” Ingles said in his decision.
Ingles said that in this case, the defense has sufficiently established that Gile could not have sold or delivered shabu to Luague because she already knew him to be a police officer.
Ingles said that being the live-in partner of Eduardo Villacampa, it is not improbable that Gile assisted Villacampa when he was arrested in June 2005 and even stayed close to him during the proceedings at the prosecutor’s office.
Ingles gave credence to the testimony of Nonito Acosta, Jr., staff of RTC Branch 57, who testified that he was present at the prosecutor’s office where Gile had first seen Luague.
Acosta said Gile is his neighbor and sought his help because she then did not know where the prosecutor’s office was. He then accompanied her there.
Acosta’s statement proved that Gile indeed knew Luague to be a policeman before the supposed buy-bust operation, making it ironic for her to still sell shabu to a person whom she knew could arrest her.
“It is not difficult for this court to give credence to the testimony of Mr. Nonito Acosta, Jr. that herein accused did meet Officer Luague and others during such circumstance he described in his testimony. Acosta’s narration of events is positive, probable and in accord with human experience. In other words, it bears such badges of truth, such that it is difficult for a rational mind not to find it credible. Even if not fully credible, at least it creates a doubt on the contention of the prosecution that herein accused delivered or sold shabu to officer Luague,” Ingles said. —- Joeberth M. Ocao/MEEV
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