Man gets life for selling over a kilo of cocaine

CEBU, Philippines - A man was sentenced to life in prison after being convicted of selling more than a kilo of cocaine to a poseur-buyer in November 2010.

Regional Trial Court Branch 5 Judge Macaundas Hadjirasul found Russell Rosales guilty of violation of Section 5, Article II of Republic Act 9165 otherwise known as Comprehensive Dangerous Drugs Act beyond reasonable doubt.

Aside from the penalty of life imprisonment, he was ordered to pay a P500,000 fine.

The confiscated cocaine, weighed at 1,002.19 grams, will be disposed pursuant to Section 20 of Article II and a Toyota Fortuner with plate number RQR 999 will be forfeited in favor of the state.

In his 23-page decision, Hadjirasul found the testimonies of the prosecution credible.

“It has no reason to doubt the testimonies of its witnesses particularly PO2 Dale Efe, Senior Insp. Kenneth Paul Albotra and Police Supt. Marvin Sanchez. Evidence to be worthy of credit must not only proceed from a credible source but must, in addition, be credible in itself,” the decision read.

Background

It was on Nov. 2, 2010 when the accused was arrested by the members of Regional Anti-Illegal Drugs Special Operation Task Group-7 in the parking lot of a hotel in Mango Ave., Cebu City.

Efe, in his testimony, said prior to the arrest of the accused, their office received an information from RAIDSOT Manila of alleged cocaine trafficking. He said on Nov. 1, 2010 at around 5 p.m. Albotra told him about the information that their chief of office Sanchez received.

He added at 5:30 p.m. Albotra introduced him to their confidential informant who said that they have an agreement with the accused at a restaurant at Salinas Drive, Cebu City.

At the restaurant, he said the accused disembarked from his gray Toyota Fortuner and approached them. This was when the confidential informant introduced him to the accused as the one who will buy the cocaine.

Efe said he was told by the accused that each brick of cocaine was worth P1 million.

He said he bargained for the price and added he wanted to buy more. But the accused told him that he could only sell three bricks.

Efe said he will buy the three bricks for P2 million but the accused asked for P2.1 million.

After the conversation, they then agreed to meet at the parking lot of the hotel along Mango Ave the following day.

It was noon on Nov. 2 when the accused arrived at the meeting place onboard the Toyota Fortuner.

Efe said the accused disembarked from the vehicle and approached them and said that the item was inside his car but only one brick. The accused told them that the bricks will be delivered one at a time.

After he got the cocaine, Efe then handed the money to the accused. He added while the accused was counting the money, he then signaled by opening the door of the vehicle and policemen swarmed on the scene and arrested the accused.

The testimony of Efe was corroborated by other prosecution witnesses.

The defense presented five witnesses, one of them was Darlitz Maries Rosales, the wife of the accused. She denied the allegations of the prosecution and said on Nov. 1, she, the accused and their children went to cemetery at 7 p.m. and returned home at 10:45 p.m.

She said on Nov. 2 at 8:30 a.m. the subject vehicle was parked in the apartment and she was told by her husband that it was Lloyd Lopez who brought the car there.

She said since they had two vehicles they let somebody rent their car.

Darlitz said her husband went to the hotel in Mango Ave. to switch the vehicle which Lopez used.

She said she was surprised at 1:30 p.m. when she was informed by barangay officials that her husband had been arrested for drugs.

The accused also said he was in the area to switch vehicles with Lopez when he was arrested by the police.

He added he heard one of the police say “it seems that he is not the one.”

The accused said one of the police asked for P1 million to settle the incident but he said he had no money.

Judgment

Hadjirasul in his decision said based on the evidence presented, it was not shown that the prosecution witnesses were motivated to make up stories.

“In fact, it appears from the testimony of the accused that he did not previously know the arresting officers, hence necessarily they had no quarrel with him.”

“It is differently not in accord with the common knowledge and experience of mankind that one who has nothing to gain from it or has no axe to grind against another should falsely accuse him of any crime,” he added.

Hadjirasul said based on the evidence the prosecution sufficiently proved the presence of the elements of selling drugs and the transaction for the identity of the buyer and seller and the delivery of drugs and its payment.

He added the prosecution was able to meet the requirements in handling and custody of the confiscated drugs.     - THE FREEMAN