CA affirms man’s life sentence for selling drugs

CEBU, Philippines -  The Court of Appeals has denied the appeal of a man who was convicted by the lower court for selling drugs.

Associate Justice Ramon Raul Hernando said there is no reason to reverse the ruling of the lower court to send Edgar Lopez alias “Ega” to a life in prison for violating Section 5 of the Comprehensive Dangerous Drugs Act. He was also fined P500,000.

“In fine, we are in conformity with the trial court in ruling that all the above-enumerated elements for sale of dangerous drugs were all adequately and convincingly proven by the prosecution. There is no doubt that the appellant was caught red-handed in the act of selling illegal drug during the buy-bust operation,” the decision reads.

Contrary to Lopez’ claim that the prosecution failed to prove his guilt beyond reasonable doubt, the Court of Appeals said prosecutors did so through the “positive, categorical, and straightforward” testimony of PO3 Patrick Mumar who was designated as the poseur-buyer.

“The foregoing testimony indisputably shows that the appellant was in fact the seller of the illicit drug. Appellant facilitated the illegal transaction. It was with him that the confidential asset and PO3 Mumar transacted in buying the packet of shabu,” the decision reads. 

Responding policemen said that on April 9, 2004, they received a report about Lopez’ illegal activities in Abi-abi Drive, A. Lopez Street, Barangay Calamba, Cebu City.

They subsequently carried out a buy-bust operation around 12:45 a.m., which led to Lopez’ arrest.   Lopez belied the story, saying he was at home looking after his children at that time but this did not convince the lower court, as well as the Court of Appeals.   (FREEMAN)