Ex-television talent, pal acquitted from drug raps

CEBU, Philippines - A former television talent from Manila was acquitted of the case for violation of the Comprehensive Dangerous Drugs Act after the court declared his arrest was illegal.

Regional Trial Court Branch 13 Judge Meinrado Paredes dismissed the case against John Emmanuel Sison, 26, and his companion Erik Reyes, 36, for lack of probable cause.

In his 12-page decision, Paredes said there was no evidence to support the crime for violation of sections 5, 11 and 12 of the Republic Act 9165.

“The arrest of the accused was illegal. The seizure of the evidence was likewise illegal. The dangerous drugs presented in court were fruits of a poisonous tree,” Paredes said.

He added that the accused were just “simply at the wrong place at the wrong time.”

Sison and Reyes were arrested by the operatives of the Criminal Investigation and Detection Group in September 23, 2008 during a buy-bust operation at the Maria Luisa Estate Park in Banilad.

They were reportedly caught selling more than P100,000 worth of shabu to undercover policemen. Aside from them, a certain Richter Borja was also arrested but was immediately released by the police after they allegedly failed to establish the connivance between him and the two other suspects.

“There is no credible evidence that a buy-bust operation was conducted against accused Erik Reyes. There is, however, credible evidence that the packs of shabu were seized after they were found in a car driven by Erik Reyes,” Paredes said.

The judge said it is not clear who owned the packs of shabu, if it was Reyes or the previous owner of the car.

But the fact remains, he said, that there was no probable cause to effect a warrantless arrest because the packs of shabu were not seen in plain view.

During the course of the trial, SPO2 Delfin Bontuyan, who acted as the poseur-buyer, testified that he could no longer recall who recovered the “budol” money used in the buy-bust operation.

He claimed that during the transaction, Reyes handed to him two packs of shabu prompting his arrest. The police then searched the rented Hyundai Starex van used by the three men and recovered eight big packs of suspected shabu.

But the accused said they only rented the van from their friend Greco Sanchez, son of the late vice governor Greg Sanchez. — (FREEMAN)