CEBU, Philippines - A man who was accused of peddling illegal drugs was acquitted yesterday after one arresting police officer failed to testify in court to corroborate the testimony of a witness.
Judge Eric F. Menchavez of Regional Trial Court Branch 21 yesterday ordered the warden of the Cebu City Jail to release Huberto Nadela, who was charged for violating Section 5, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.
The court ruled that there was no sufficient evidence against Nadela.
The police had alleged that Nadela was a drug pusher and “a known personality in the illegal drugs business” in Barangay Calamba, Cebu City. He was arrested at about 3:30 in the afternoon of January 18, 2008, in a buy bust operation.
During his arraignment last April 2, 2008, Nadela entered a plea of not guilty, assisted by his legal counsel, lawyer Alex D. Tolentino. In the pre-trial conference, Nadela denied that he had with him a plastic pack containing shabu.
Police Officer II Roehl Patalinghug, designated as the poseur buyer, said during cross examination that he had no knowledge of their target’s full name.
He only approached the accused, who was then playing a video game in front of his house. Patalinghug alleged that Nadela asked him if he will buy shabu, and he replied he will buy P100-worth of drugs.
Nadela, according to the police, immediately got the money then went inside their house to get the stuff.
The policeman also admitted that there were no photographs of the operation, or written inventory. He explained that they did not bring with them a camera and did not make an inventory.— THE FREEMAN