Technicality clears drug suspect

CEBU, Philippines - The Regional Trial Court has cleared a fish vendor of drugs charges after the prosecution failed to prove his guilt beyond reasonable doubt.

In a 15-page decision, Branch 8 Presiding Judge Macaundas Hadjirasul said the prosecution failed to comply with the procedures in handling, placing in custody and disposition of confiscated illegal drugs.

Accused Alfredo Rama was indicted earlier for alleged violation of Section 5, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act for selling 4.49 grams of shabu to a poseur buyer during a bust.

But the court noted that the confiscated items were not immediately marked, packed, sealed, inventoried and photograph after the bust. Because of this glitch, the apprehending officers have failed to meet the requirements of the Objective Rule Test by establishing the chain of custody of the evidence supposedly seized.

 “Granted, arguendo, that it was a legitimate buy-bust operation, still there is no sufficient evidence that the sachet of shabu that the poseur buyer allegedly bought from the accused was the very same sachet of shabu which was submitted for laboratory examination and later presented to this court,” Hadjirasul’s decision reads.

 He added, “There was no mention of how transaction went through between the informant, who was not presented as a witness and the accused and there was even no mention of the quantity of what kind of substance was going to be bought, it at all, and for how much,” he ruled.

Release accused

Hadjirasul then directed the Jail Warden of the Cebu City Jail to release Rama from detention unless he is being detained for any other lawful cause.

He ruled the sachet of shabu will be forfeited in favor of the government and the P1,ooo bill allegedly used as buy-bust money will be returned to the Provincial Intelligence Branch (PIB).

At 7:45 p.m. on March 20, 2011, the PIB conducted the buy-bust operation after receiving reports of Rama’s alleged involvement in the illegal drugs trade. The bust was conducted in Bulacao, Talisay City.

In his testimony, PO2 Roderick Balili said that upon arriving in Bulacao, their informant informed them that Rama had run out of supply. Rama also reportedly asked if the informant was willing to accompany him to Villa Bulsita in Pardo so he could get supplies.

In Villa Bulsita, Rama reportedly told them to wait by the road. After five minutes, Rama reportedly returned with a companion arrived with a pack of shabu.

Balili said that when the operation was consummated, a pre-arranged signal alerted back-up policemen who arrested Rama. The accused’ companion, however, escaped.

Balili said they recovered the buy-bust money and a .45 caliber pistol from Rama when they frisked the accused.

Balili claimed that they marked the seized items when they arrived at their office. His statement was corroborated by PO3 Reynaldo Solante, the team leader during the bust, and PSupt. Rodolfo Albotra Jr.

For its part, the defense presented five witnesses, one of whom was Jay Anthony Rama, the 12-year-old son of the accused.

The boy told the court that about 6 p.m. on March 20, 2011, his father was eating at a bamboo bench near their house in Villa Bulsita when a white car bumped a sack of sand. When his father picked the sack up, four policemen went down the car and arrested him.

“The accused tried to struggle and resist but, while one of the policemen was holding his hand, two of them whipped him at the back with a long firearm and kicked him,” the case record of the boy’s testimony reads.Rama corroborated his son’s testimony. (FREEMAN)