Court orders release of man acquitted from drug charges

The court yesterday ordered the release of a man, accused of drug pushing in barangay Lorega-San Miguel, who was acquitted of drug charges after the police failed to prove his guilt beyond reasonable doubt.

Police believed that the accused, Dexter Magdasal-Sandico, was engaged in illegal drugs at sitio Lawis of the barangay, but he was only arrested for possession of a pack of shabu so he was only charged for violating section 11,  Article II of the Comprehensive Dangerous Drugs Act.

PO3 Erwin Ferrer of Pari-an Police Station testified that on August 6 last year, he and two other policemen were patrolling sitio Lawis when he saw Sandico standing beside an electric post apparently scrutinizing a pack of shabu on his palm.

Sandico, upon sensing the approaching policemen quickly tried to run away, Ferrer said.

But Ferrer’s admission that he was so familiar of the place, citing his previous arrests of some drug suspects there, only destroyed his testimonies because the court did not believe that Sandico has the courage to show the incriminating evidence to the approaching policemen.

Regional Trial Court judge Gabriel Ingles also found out that the proper procedures in the custody of the pack of shabu, reportedly seized from Sandico, was not properly followed and this caused doubts on the policemen’s credibility.

SPO2 Abundio Cabahug testified that he was only informed by Ferrer that a pack of shabu was recovered from the hand of Sandico.

Sandico said he was about to buy a bottle of soft drinks from a nearby store when the policemen quickly held his arm and placed him under arrest. He said he committed no offense and accused the policemen of planting the evidence on him.

Ingles said that if there were four policemen at that time, and Ferrer being known in the area as a police officer, their presence in the area at 1 p.m. could have alarmed the people there and alerted Sandico.

The judge said the testimony of Ferrer, who allegedly saw Sandico committing the offense about a meter away, did not constitute a clear and convincing evidence to establish the propriety of warrantless arrest. — Rene U. Borromeo/RAE