Man gets life sentence for drugs; 3 acquitted

The Regional Trial Court sentenced a drug pusher to life imprisonment after he sold 19 grams of shabu to a police asset during a buy-bust operation three years ago while three others were also cleared of drug charges.

On top of the life imprisonment, RTC Judge Meinrado Paredes also ordered Mardan Ameril to pay P700,000 for violation of Section 5, Article II of the Republic Act 9165 or the Comprehensive Dangerous Drugs Law.

Ameril was arrested in his house along Magallanes St., Cebu City, last May 25, 2005 by policemen led by PO3 Cesar Pandong during a buy-bust operation conducted after policemen received reports of his alleged illegal activities.

After policemen moved to arrest him after giving them three packs of shabu worth P9,000 each, Ameril allegedly tried to escape by running to his room but to no avail.

The accused refused to testify during trial but his wife and other family members took the stand to deny there was a buy-bust operation.

Ameril’s daughter, Anisah, said the police just came looking for her father then took him to the police station where they demanded P250,000 from them.

However, the court did not give credence to the testimonies of the defense witnesses because while they claimed that there was no buy-bust operation, they failed to disprove the shabu was taken from them and also did not make any claim that the evidence was planted.

Meanwhile, Judge Gabriel Ingles acquitted Ethel Flores, Vernel Pantino and Eduardo Gesalan, who were separately charged for possession of shabu.

Ingles said the prosecution failed to prove the guilt of the accused and the testimonies of the arresting officers on how they recovered the shabu also conflicted.

In the case of Flores, the police claimed that before they arrested her on the evening of February 15, last year, they saw her together with a man who gave her a small plastic pack of shabu.

The police said only Flores was arrested because the man managed to escape.  SPO1 Romeo Abellana said he chased the man, but SPO3 Marciano Sobiono said they did not bother to chase him.

SPO1 Leo Hortelano also claimed that it was Abellana who recovered the pack of shabu from Flores, but said he did not see him actually pick it up.

“Such inconsistencies and apparent vacillation cannot convince the court to believe beyond reasonable doubt that indeed herein accused committed the crime charged,” Ingles ruled.

Pantino was also arrested by the police because he was reportedly seen holding a pack of shabu in sitio Lawis, barangay Pasil, April 19 last year.  The accused reportedly ran away upon seeing the approaching policemen who then gave chase.  When he was arrested and frisked, a pack of shabu was reportedly recovered from his right hand.

But Ingles doubted the legality of the recovery of the shabu saying policeman Jasper Nuñez failed to explain how he was able to see such a small pack of shabu in the hand of the accused.

The policemen also made inconsistent testimonies in the case against Gesalan who was arrested while in possession of a small pack of shabu in barangay Duljo-Fatima last April 15, 2005.  — Rene U. Borromeo and Fred P. Languido/BRP