CA reverses man’s drug conviction

CEBU, Philippines - The Court of Appeals Cebu Station has acquitted a man earlier convicted of selling of drugs due to a technicality.

In her 14-page decision, Associate Justice Pamela Ann Abella-Maxino granted the appeal filed by Mercelino Tampus, who was earlier convicted for violation of Section 5, Article 2 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

“The decision dated Feb. 26, 2007 of the Regional Trial Court Branch 10 is hereby reversed and set aside, and accused-appellant is acquitted for failure of the prosecution to prove his guilt beyond reasonable doubt,” the decision read.

The buy-bust operation against the appellant was conducted on Dec. 1, 2002 at Lapuz Street, Barangay Pasil, Cebu City. Agents of the National Bureau of Investigation reportedly seized 2.3 grams of shabu from the accused-appellant.

Based on the account of NBI agent Arnel Pura, he said on the said date and place they positioned themselves 20 to 25 meters away from their poseur-buyer.

From that distance, he said they saw their poseur-buyer approached by a person, whom they later said was the appellant. While the two had a conversation, he said a man riding a bicycle approached them and joined in the conversation.

He said they saw their poseur-buyer give a signal that the transaction had already been consummated and they immediately arrested the appellant while the man riding on a bicycle was able to escape.

For his part, the accused-appellant denied the allegation and said he was framed.

He said he was in the place waiting for passengers when an unidentified man boarded his trisikad and asked to be taken to Pasil.

The appellant said he was wrongly charged and convicted for the crime and sentenced to life imprisonment and fined half a million.

Based on the testimonial evidences of both sides, Maxino said she found lapses on the part of the NBI. She said there was no proof that the evidence seized by them was marked in the presence of the accused-appellant and upon confiscation.

“It appears that the rule was not given stringent regard by the apprehending officers. The chain of custody at the very start was fraught with irregularities too significant to be overlooked,” she said.

She added the marking of the evidence was not witnessed by the accused-appellant and of other NBI agents. As proof, she mentioned the testimony of NBI supervising agents Renan Oliva and Jose Ermie Monsanto. The two said they did not see when the marking was done.

Aside from that, Maxino said no photographs and inventory of the specimen were made before the shabu was turned over to the crime laboratory.  —(FREEMAN)