Man cleared of drugs, couple convicted

CEBU, Philippines - A man who was arrested for alleged possession of illegal drugs has been acquitted after years of trial due to the prosecution’s failure to present concrete and cohesive evidence.

The Regional Trial Court Branch 13 judge Meinrado Paredes found Jimmy Terado, 34, a resident of Basak, Pardo Cebu City not guilty of the said crime.

On October 14, 2005 at about 12:30 a.m. a roving patrol was conducted at sitio Laguna, barangay Basak-Pardo by SPO1 Leo Hortelano, PO2 Ramon Bolongaita and PO1 Celso Sarona of the Mambaling police station.

In the course of their patrol, they allegedly saw Terado examining a small plastic packet below a lighted post. They approached him and allegedly recovered shabu from him and arrested him.

Terado denied the allegations of Hortelano and claimed he was drinking with his friends when he was seized by the police. He claimed that the evidence was planted and submitted himself to a drug test where he was found negative for drug use. 

The court ruled the testimony of the lone prosecution eyewitness, Hortelano, was doubtful and was not confirmed by a credible witness. The court also believed that Terado would not examine shabu in alighted area in front of strangers.

Evidence of the crime were also not photographed and was not clearly established when it was handed to the court.

Meanwhile, a couple has been charged with Violation of Sections 11 and 12 of the Dangerous Drugs Act after being arrested in an operation conducted by the San Fernando police last March 28.

The case against couples Jovino and Maria Nilda Rendal that was first filed at the provincial prosecutor’s office was finally elevated to the Regional Trial Court after investigating prosecutor Maria Luisa Ong found probable cause for the filing of the complaint.

The Rendal couple, from sitio Taboan, Barangay North Poblacion, was arrested last March 28 by virtue of a search warrant issued by Regional Trial Court judge Silvestre Maamo.

The couple was the subject of the arrest after police conducted a surveillance on their alleged illegal drug activities.

Police were able to confiscate three plastic packs of shabu, six opened transparent sachets, four pieces of tinfoil and some drug paraphernalia.

 The original complaint filed against the Rendals were of three cases including the Violation of Section 5 of the Dangerous Drugs Act.

 But the case of Section 5 was dismissed by the Provincial Prosecutors Office because there was no sufficient evidence that indeed there was buying and selling of drugs that transpired in the operation.

The two are now in the custody of the San Fernando Police. —Jasmin R. Uy with Iris Christine Cornito and Angelica Odias (THE FREEMAN)