Court orders release of man jailed for drugs charges

CEBU, Philippines - Due to technicalities, the Court of Appeals in Cebu has cleared a man accused of selling illegal drugs.

Associate Justice Ma. Luis Quijano-Padilla acquitted Glenn Villegas, a resident of Barangay Ermita, Cebu City for violation of Section 5, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

“Wherefore, the assailed decision dated August 26, 2008 of the Regional Trial Court, Branch 13, Cebu City, for violation of Section 5, Article II, of RA 9165 in Criminal Case No. CBU-72540, is hereby reversed and set aside. Accused-appellant Villegas is hereby acquitted of the crime charged based on reasonable doubt and is ordered immediately released from detention, unless he is detained for some other lawful cause,” the 16-page decision reads.

Padilla said based on the evidence, she found out that the prosecution failed to establish the chain of custody of the evidence seized. Thus, it saved Villegas from life imprisonment and a fine of P500,000.

The trial court has earlier found Villegas guilty of the crime charged and sentenced to life imprisonment.

Villegas appealed his conviction claiming the prosecution failed to prove his guilt beyond reasonable doubt. He stressed that while the prosecution failed to establish the identity of shabu, still the court convicted him.

“…the court a quo erred in sustaining the prosecution’s case by relying heavily on the evidentiary presumption that official duties have been regularly performed. Stress must be made that the same is only a presumption that could be rebutted by contrary proof and that said presumption is inferior to the constitutional presumption of innocence,” accused-appellant reasoned.

Padilla agreed with the Villegas’ contention that he should be acquitted.

According to her, during the buy-bust operation conducted by the police officers assigned at the Cebu City Police Office on Feb. 9, 2005 at around 10 p.m. in Barangay Ermita, the buy-bust team failed to immediately mark the seized shabu at the crime scene and in the presence of the Villegas and witnesses.

Padilla said though there was testimony of the markings of evidence made at the police station, but records do not show that the markings were done in the presence of Villegas or his chosen representative.

Padilla added that aside from that, there were no representatives from the media and the Department of Justice, or any elected officials who attended the noting down of the physical inventory to sign the inventory as required by the law.

The associate justice then directed the director of the Bureau of Corrections to implement the decision upon receipt and to report before the appellate court the action taken, within five days from receipt.  (FREEMAN)