CA junks appeal of PUJ passenger found with shabu

CEBU, Philippines - The Court of Appeals (CA) in Cebu has affirmed the conviction of a Cebu City resident for possession of illegal drugs.

Associate Justice Marilyn Lagura-Yap found no reason to reverse the ruling of Judge Soliver Peras of Regional Trial Court Branch 10 convicting Benjie Abatayo.

“Mere allegations of the accused-appellant that SPO1 Balansag might have an ax to grind against him because he refused his proposal to become one of their assets will not suffice to overturn his conviction. These are mere self-serving statements that cannot overcome the presumption of regularity in the performance of official duties of the policemen. The accused-appellant failed to convince us that the court a quo erred in convicting him,” Yap’s decision reads.

In 2010, Peras sentenced Abatayo to 17 years in prison and fined him P300,000.

But Abatayo questioned the decision before the appellate court, saying the prosecution failed to prove his guilt beyond reasonable doubt.

On February 9, 2003, police conducted a check point at C. Padilla corner Tres de Abril St., Cebu City.

 During the operation, they stopped a passenger jeepney with 10 passengers on board. One of the police officers noticed that a man seated near the driver threw a plastic pack. Upon verification, the police found out that the pack the man threw away contained shabu.

The man, identified later as Abatayo, was brought to the police station.

 For his part, Abatayo said he was on his way to the Pier area at that time when they were made to disembark the jeepney they were riding at a checkpoint.

He alleged that he was brought to the police station not because of the alleged shabu but because he had tattoos. He said he knew one of the police officers, a certain SPO1 Balansag.

The following day, a complaint for drugs was filed against him. He insisted that he was not in possession of the shabu and the pack he supposedly threw away was allegedly planted.

 In her 13-page decision, Yap said police officers are presumed innocent in their regular performance of their duties. In order to overcome this presumption, the accused must show that there was ill motive on their part to indict him to the charge and, further, that the confiscated item was tampered with.

Abatayo, however, failed to do either, Yap said.

 With the denial of his appeal, Yap directed the jail warden to commit Abatayo to the New Bilibid Prisons in Muntinlupa City. — (FREEMAN)