Court of Appeals clears man convicted of selling shabu

CEBU, Philippines - The Court of Appeals special 20th division has reversed the decision of the trial court convicting a man for drug charges.

Associate Justice Marilyn Lagura-Yap said the evidence presented by the prosecution failed to prove the guilt of Ramel Misterio who sought refuge with the appellate court.

“Wherefore, the decision dated March 14, 2008 rendered by the Regional Trial Court, Branch 58, Cebu City, is reversed and set aside. Accused-appellant is hereby acquitted of the charge,” Yap’s decision reads.

Yap also ordered Misterio released immediately from the New Bilibid Prison in Muntinlupa City, unless he is being held for another offense.

 In 2008, the lower court convicted Misterio for alleged violation of Section 5, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002. He was sentenced to life imprisonment and was fined half a million pesos.

In his appeal, Misterio claimed the police officers fabricated stories and indicted him to cover up the negligence of a police officer who accidentally shot his leg.

He also said that the police officers who conducted the supposed buy-bust operation on December 7, 2005 failed to establish the chain of custody of the evidences seized from the time of the arrest up to the time it was submitted to the laboratory for examination.

 He also pointed out inconsistencies in the testimonies of prosecution witnesses as regards to the person in possession of the shabu and who marked it after it was seized.

“…the trial court overlooked and did not fully appreciate the obvious impossibility of the statements of the police officers who claimed to be at the same place and time. The distance of 14 to 15 meters when Police Officer 3 Jeffrey Larrobis saw Police Officer 2 Nathaniel Sta. Ana gave the buy-bust money to the accused and the latter in turn handed over the small plastic sachet of shabu would be impossible and contrary to human experience. The packet of shabu is so small for Larrobis to be able to see the exchange of the buy-bust money and the packet of shabu,” he pointed.

 For its part, the state, through the soli-citor general countered by saying the prosecution was able to establish that the sale of shabu was consummated and the authorities concerned were able to establish the chain of custody of the seized substance.

The supposed inconsistencies in Larrobis’ testimony, the solicitor general said, is irrelevant because his statements were offered merely to corroborate the testimonies of Sta. Ana who acted as the poseur buyer. The solicitor general also said the supposed inconsistencies pertained only to minor details.

Sta. Ana’s narration of the event is sufficient enough to convict accused-appellant.

Yap, however, ruled in Misterio’s favor.

“It should be noted that in the testimony of Larrobis, he testified that he was about 14 to 15 meters away from Sta. Ana and the accused-appellant.  At this juncture, this Court believes that with the distance of 14 to 15 meters it is difficult if not impossible for Larrobis to see that Sta. Ana handed over the buy-bust money to the accused-appellant and then got the plastic sachet of shabu from the latter,” Yap said, noting that the operation was conducted past 6:30 p.m. 

 Yap added that the prosecution also failed to present the police officer who made the markings of evidence, which is vital to the case. — (FREEMAN)