CEBU, Philippines - Not convinced by the testimonies of the prosecution’s witness during the trial, the Regional Trial Court had cleared a man of three illegal drug charges.
In his three-page decision, RTC Branch 21 presiding Judge Eric Menchavez found Joel Cabido not guilty of the charges filed against him by the police.
Cabido was charged for violating Sections 5, 11 and 12 of the Republic Act 9165 or the Dangerous Drugs Act for selling of shabu, position of illegal drugs and possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs, respectively.
During the trial, the prosecution alleged that the accused gave to the poseur buyer the one sachet of shabu worth P200 upon the order of one Macario Dedicatoria, who was able to elude arrest.
Upon his arrest, police allegedly frisked Cabido and recovered from his possession a staple-sealed plastic sachet containing 50 heat-sealed transparent plastic sachets.
But the court said it was not convinced by explanation of the prosecution witness on why they failed to prepare an inventory of the place where the crime was committed. It is also unconvinced by the statement of the police that neighbors of Cabido ganged up on them as the incident allegedly happened in the house of Mario Dedicatoria who was able to escape.
The court also finds that the case was a warrant less arrest and the consequent search on the person is illegal, saying the product of the search, the one staple-sealed plastic sachet containing 50 heat-sealed transparent plastic sachets and 19 pieces of rolled small-sized tin foil are inadmissible evidences being products of an illegal arrest. (FREEMAN NEWS)