2 men cleared of drug raps

Cebu - Two people were acquitted in separate drug cases by the Regional Trial Court, because of some irregularities in their arrests.

Randy Rama, a nameplate maker, was charged with illegal possession of shabu after he was arrested in the afternoon of April 6, 2006, for allegedly holding and examining a small packet of shabu that weighed 0.05 grams, just as policemen in the area were doing a routine patrol.

At least two policemen attested they saw Rama with the shabu in sitio Villagonzalo II in barangay Tejero.

But the policemen themselves admitted the area is their regular post where they hold several foot patrols.

“This is contrary to common experience. Thus, there is reason for this court to doubt that they caught the accused examining in the open the pack of shabu, as testified by the arresting officers,” Branch 58 judge Gabriel Ingles said in a decision.

Alvin Famador on the other hand, was accused of selling 0.02 gram of shabu in the afternoon of Dec. 14, 2006, also in Villagonzalo II, Tejero.

Three policemen testified conducting a buy-bust operation against Famador although they failed to coordinate with the Philippine Drug Enforcement Agency-7. They claimed they received a tip that Famador sold shabu.

However, just like the case of Rama, policemen also admitted to having regular patrols in the area. In fact, they have already arrested six persons in the same area in different buy-bust operations.

“This court cannot believe that they succeeded in the buy-bust operation under the circumstances they describe because common human experience shows that the presence of known policemen in an area supposedly rampant for illegal drug trade could have burned out said operation,” read the court’s ruling acquitting Famador. — Jasmin R. Uy/BRP (THE FREEMAN)