Ex-tanod acquitted of drug raps

CEBU, Philippines - A former tanod of Barangay Kamagayan was absolved of the criminal charge for selling illegal drugs because of the prosecution’s failure to prove his guilt beyond reasonable doubt.

Regional Trial Court Judge Samuel Malazarte has acquitted Hermogenes Borres, Sr. of the crime of violation of section 5, Article II of Republic Act 9165 otherwise known as the Comprehensive Dangerous Drugs Act.

“This court therefore has serious doubts that the transaction or sale in the instant case actually took place. And even the alleged test-buy against the same accused has not been clearly established,” reads the order of the court.

Malazarte has directed the Cebu City Jail warden to immediately release Borres from detention. The shabu weighing 0.03 gram allegedly confiscated from Borres was forfeited in favor of the government.

Borres was arrested by the members of the Philippine Drug Enforcement Agency (PDEA) on July 18, 2010 at 3:00 a.m. inside the Barangay Hall of Kamagayan following an alleged buy-bust operation.

Intelligence Officer 1 (IO1) Jonar Cuayzon said they conducted a buy-bust operation against Borres who allegedly sold shabu, nubain and “milkshake”- a combination of shabu and nubain.

Cuayzon said he was located at least three meters from the Borres when their undercover agent handed the buy-bust money to him. Cuayzon and fellow operative IO1 Kristian Lone Sesante allegedly waited for Borres to give the drugs to the undercover agent.

However, the accused fled and went inside the Barangay Hall prompting the PDEA operatives to chase him. Sesante’s testimony was expunged from the records after he continually failed to appear for further direct examination.

This has also prompted the defense to file a demurer to evidence and sought for the dismissal of the case for failure of the prosecution to prove the guilt of the accused beyond reasonable doubts.

The defense pointed out that the prosecution witness himself admitted that he failed to see the actual transaction between the accused and the undercover agent.

Malazarte ruled that for the prosecution to secure conviction the illegal sale of dangerous drugs must established as well as the identities of the buyer and the seller.

However, Malazarte said the prosecution failed to pass the “objective-test” after Cuayzon admitted he did not see the transaction personally and it was their informant who told him that the transaction was successful. (FREEMAN)