Man cleared of drug raps

CEBU, Philippines - Regional Trial Court Judge Macaundas Hadjirasul of Branch 8 cleared an ex-convict from drug charges after the prosecution failed to establish that the drugs presented as evidence in court were the same items seized from him during his arrest.

In his seven-page decision, Hadjirasul dismissed the criminal case against Jupiter Canonigo for violation of Section 11, Article II of Republic Act 9165 or illegal possession of drugs.

“There is no sufficient evidence that the same was marked, packed, sealed, photographed and inventories in the presence of representatives from the Department of Justice, the media and elected public official immediately after the alleged recovery,” the decision read.

Hadjirasul then ordered the jail warden of Cebu City to release the accused from detention.

Police said they arrested Canonigo on Mar. 18, 2009 at 5 p.m. in Barangay Duljo-Fatima, Cebu City. The police reported confiscating two packets of shabu from him, one weighing 7.14 grams and the other 7.60 grams.

PO2 Joseph Bugtai in his testimony said while they were in Duljo-Fatima to verify reports of illegal gambling he saw two persons talking to each other and one was holding “something”.

“Suspecting that it was shabu, he rushed to them but the other person shouted, that there was a policeman,” his affidavit read.

Bugtai added the two persons ran away but he was able to hold on to the one who had the suspected shabu, he was later identified as Canonigo.

He added he then marked the confiscated items, brought them to their office and requested for a laboratory examination.

SPO1 Alfredo Petallar corroborated the testimony of Bugtai.

However, the accused denied the charges and claimed that he was inside his house at C. Padilla St., Barangay Mambaling, Cebu City, during the incident assisting his mother.

He added his mother did not allow him to roam around fearing for his life.

“I was at home assisting my mother, who did not allow me to roam around for fear of becoming a victim of extra-judicial killings as I was an ex-convict, at a jewelry store named Crescent at that time,” he said.

Hadjirasul ruled upon evaluation of the evidences, he found that the prosecution failed to comply with the requirements laid down by the law.

“Although Bugtai and Petallar testified that the evidence were marked at the crime scene and photographs were even taken of said marking, there is nothing in said photographs that would show where they were taken,” the decision read.       - THE FREEMAN