In a 10-page decision, Branch 127 Judge Myrna Dimaranan-Vidal nailed Luisito Enriquez Asistio, better known as "Patchot," 40, a resident of De Leon Street, 10th Avenue, for "willfully, unlawfully and feloniously having in his possession, custody and control" less than one gram of shabu, a regulated drug. Vidal also ordered the accused to pay the costs of litigation.
When arranged, the accused had pleaded not guilty.
Court records showed that at around 7 p.m. on March 1, then Station 2 commander Superintendent Eduardo Bayangos and elements of the Mobile Patrol Unit (MPU) arrested Asistio on charges of theft of empty bottles of softdrinks on the earlier complaint of Lucita Te, a junkshop owner of Galauran Street, 10th Avenue near the accused’s residence.
Before being detained, he was frisked by the police as standard operating procedure. When ordered to lift his shirt, a plastic sachet containing a white powdery substance, later tested positive as shabu, fell to the floor. Another sachet containing a similar substance was found in the back pocket of his short pants.
In his defense, Asistio, known to have several brushes with the law, denied the charges and claimed it was a frame-up as the evidence, two plastic sachets of .03 gram each, found on him, were allegedly planted by arresting police officers. The court also noted that the accused also appealed to the police to have the case settled at the barangay level in a bid to avoid jail, but was rejected by Bayangos, who turned him over to Station 2 intelligence and investigation bureau (SIIB) chief Senior Inspector Bayani Rivera.
He, however, unwittingly admitted in open court, on direct examination by his own lawyer, that no less than his own father had agreed on the validity of his arrest.
"Yes, sir. Pinakulong nga ako ng Daddy ko. Akala niya pirming kalokohan lagi ang ginagawa ko. Wala na akong ginawang tama, puro mali," Asistio told the court when asked if his father believed his version of the incident.
The young Asistio also claimed that his arrest was politically motivated considering that the complainant, junkshop owner Lucita Te, and arresting officers Bayangos and Rivera were allegedly known supporters of his father’s political archrival, City Mayor Reynaldo Malonzo.
Asistio said his arrest was calculated to adversely affect the political bid of his father, Luis "Baby" Asistio, who was then running against Malonzo in the mayoralty race. The court, however, said this allegation remains uncorroborated on record.
Calling his arguments "convoluted… strewn before us," the court held that the defense of frame-up is inherently weak since it is "easy to fabricate and terribly difficult to disprove." – With a report from Pete Laude